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of the Water Plant, by the same consulting engineer referred to in Para- <br />graph 4 above, and whatever items of repair or replacement that exist at <br />that time.sball be priced and shall be excluded from the maintenance and <br />operation cost of which Purchaser is to bear half. <br />6. In the event that any goverrun,:ntal authority shall acquire <br />the Water Plant for use as a part of its public water system, then the <br />net proceeds of such disposition shall be divided equally between Adja- <br />cent Owner and Purchaser until Purcbaser shall have received an amount <br />equal to the amount actually expended by Purchaser for labor, materials <br />and equipment for 'the Water Plant expansion, whereupon all remaining <br />proceeds shall belong to Adjacent Owne-. Notwithstanding the foregoing, <br />'it is understood and agreed that all materials and equipment used by <br />Purchaser for the Water Plant expansion shall, upon tbeii installation, <br />become part of the Water Plant and the title to said materials and equip- <br />ment sball pass to the Adjacent Owner. <br />7. In the event tb:it Seller shall reacquire, through puror any portion of the Property, <br />- <br />chase, foreclosure, or otherwise, all <br />then Seller, as successor in interest to Purchaser, shall have the right <br />to enter upon, connect to and use all facilities of the Water Plant, <br />including, without limitation, all pipes and conduits wherever situated <br />on the Adjacent Property; and the right to expand the Water Plant as map <br />be necessary to provide a water supply for that portion of the Property <br />reacquired by Seller; provided that such reacquisition shall not release <br />Adjacent Owner from its obligation to supply water., as provided for in <br />this Agreement, to any portion of the Property which may be still owned <br />by Purchaser, but only if Purchaser shall have paid for the expansion of <br />the Water Plant and shall otherwise be in compliance with the terms of <br />this Agreement. <br />® i <br />8. In order to effectuate the intent of the foregoing, Adja- <br />cent Owner hereby grants to Purchaser a permanent easement over and <br />across -that strip of land on the Adjacent Property extending from the <br />{dater Plant to the Property, which strip shall follow the most practica- <br />ble route or routes for the purposes of laying, installing and maintain- <br />ing such pipes and conduits which may be necessary in order to draw and <br />carry water from the Water Plant to the Property. Adjacent Owner further <br />�® grants Purchaser the right of ingress to and egress from and the right to <br />go upon the Adjacent Property at all reasonable times for the purpose of <br />repairing and maintaining such pipes and conduits in useable condition. <br />An actual legal description shall be attached to this agreement by amend- <br />ment at such time as an "as -built survey" of the pipe and conduits is <br />available. <br />9. Purchaser shall not connect its pipes and conduits or <br />otherwise enter upon the Adjacent Property except under the direct super- <br />vision of Adjacent Owner's officers, employees or agents. This restric- <br />tion shall apply until such time as Purchaser is able to furnish the <br />� <br />-�- 5oun <br />i26r84 06 l8 FA UE 2 4 8 j <br />