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of ,{,,,said legal description and ,as -built survey" showing the location of and conduits to be installed for the purposes hereof. In the pipes making its connections to the WaternPlant, -Pu connections cbearehclosest tostbe conections from those locations at the Property Water Plant and shall run its lines straight and in the least obtrusive manner in order not to interfere with, ir.bibit or restrict Adjacent O•aner's use and enjoyment of the Water Plant or any other portionershof the Adjacent Property. 7n the event of any dispute, the sole determiner and arbitrator of where Purchaser's pipes and condu- its will be installed. 10. Purchaser agrees to indemnify, defend and bold harmless Adjacent Owner from and against any and all claims or causes of action arising out of or by reason of Purchaser's entry upon the Adjacent Pro- perty for the uses and purposes intended by this Agreement. Prior to its entry upon t.be Adjacent Property, Purchaser will produce certificates of liability *insurance in amounts acceptable to Adjacent Owner and showing Adjacent Owner's interest. 11. In the interim, and until such time as Purchaser shall substantially commence the construction of the expansion of the Water Plant (unless this Agreement shall have lapsed as hereinafter provided), Purchaser shall have the right to draw water from the Water Plant (with- out any expansion thereof) in a capacity sufficient to accommodate, in accordance with existing standards of the city of Vero Beach, a maximum of 125 mobile home units at the Property. For the purposes hereof, Adjacent Owner grants to Purchaser a license over and across that same strip of land Purchaser would utilize in making its permanent connection to the Water Plant. This license and interim right to draw water as aforesaid shall be subject and subordinate at all times to the rights of Adjacent Owner to terminate the same if, in its sole and iinreviewable discretion, it determines that the Water Plant no longer has sufficient excess capacity to service the requirements of Purchaser without Purcba- ser undertaking the expansion of the Water Plant. Purchaser shall pap the entire cost of the installation and detachment of the pipes and conduits used for the purposes hereof, plus the greater of (i) the excess costs for which Adjacent Owner will be charged by reason of the imple- mentation of this interim right to draw water, i.e., municipal hookup L"ha7gC5, d -LI C.1"EnScu IiFii estate L3x� increased insul2nce prem -.,=S, increased electricity or (ii) the cost of all gallonage consumed at the highest rates charged therefore by the city of Vero Beach for similar purposes. Furthermore, the provisions of paragraphs 9 and 10 above shall similarly apply during ibis interim period. 12. This Agreement shall be rer_orded in the official records unning with the land. of Indian River County, Florida as a covenant r 13. This Agreement shall be binding upon and inure to the benefit of the parties bereto, and their respective heirs, devisees, personal representatives, successors and assigns. 1/z7/su -�- eo�0678PH 2482