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[4b [0 [lie it it regulatory power over the construction!, maintenance and operation of Service Company. The Servi.ce•ICompany agrees that it will diligently and earnestly, at Developer's sole cost ang expense, make the necessary and proper .;applications to all governmental authorities and will 'pursue' the same to the end a•d that it will use its best efforts to obtain such approval. Developer, at his own cost and expense, agrees to provide necessary assistance to Service.+Cgmpany in obtaining the approvals provided for herein. `. Upon: execution of this Agreement, Service Company may require the payment of a reasonable fee to' defray Service Company's legal, engineering, accounting, administrative and cgntingent'expenses. 35. Regardless ofwhere , execti.4d, this Agreement shall be construed according to ;the law'' the State of Florida. I. Utilities36are In necessary event forhathe .I Develo aerof Developexistiner sewer will reimburse Service Company in full for such•'rglocaDevel 37. Failure to insist up9n strict compliance of any of the terms, covenants or conditions herein shall not be deemed a waiver of such terms, covenant or conditions, nor shall any waiver or relinquishment of I ny right or power hereunder at any one time or tiipes be ddeemed a waiver or relinquishment of such right or power aE�ll�any other time or times. 38. Service Company shall, I at able times and hours, have the right of inspecrrion ofl�Qevelopern s internal lines and facilities. This provision, shall; be binding on the successors and assigns of the Developer. 39. This Agreement is bi6ding the parties hereto, includi EMI: assigns of the ql successors and c�, ga�any municipal orernmental purchaser of Serviced Company!. This Agreement shall survive the sale of Service Coj�pany tlolany party. 40. There shall be no liability whatsoever on Service Company for failure to deliver sewer SfFvice to Developer according to Developer's needs or schedules. This Agreement constitutes a promise of good faith and ;not a timetable for delivery of utility services, except,as herein provided, 41. Each party hereby agrees t9 grant such further assurances and provide such additional dpcuments as may be required, each by the other, in order to 'perry out the terms, conditions and comply with the express,, intention of this Agreement, except as herein provided,: ' 42. 'The parties hereto a�knowle�ge that legislation was enacted by the United States .Congregj which results in ccntributions made to the Service', Company- after January 1987, being fully taxable as.ordinary 1, incor�H. Th recognize that both cash and e parties also property contributions to Service Company may be taxable under this new law. ;Developer therefore agrees that under this new legislation, ti" contributions made by the Developer may become taxable; incomeiges as are necessary �to Service Company, and Developer will pay such additional char to reimburse the Service Company Or the Federal and/or State Of Florida income tax effect :Of Developer.. cori�Cibutions made by Accordingly, the Developershy 1 pay a tax impact amount, which is calculated in accordance �ryth the order of the Florida Public Service Commission relating -I; o this issue, being order No. 16971, in Docket 860184,.befor7 ic Service Commission, issued December 18, 19x6, as s�i ee may lbe amended from time to time. The precise for ula isllset forth on Exhibit i Ir •, I f- I