PROVISION OF SERVICE; PAYMENT OF RATES. 4.1. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by DEVELOPER, TOHO covenants and agrees that it will allow the connection of the water and reuse distribution and wastewater collection facilities installed by DEVELOPER to the central water, reuse, and wastewater facilities of TOHO in accordance with the terms and intent of this Agreement. Such connection shall be in accordance with rules and regulations of the Department of Health and Rehabilitative Services and the Florida Department of Environmental Protection. TOHO agrees that once it provides water, reuse, and wastewater service to the Property and DEVELOPER, or others have connected customer installations to its system, that thereafter, TOHO will continuously provide, in accordance with the other provisions of this Agreement, and of applicable laws, including rules and regulations and rate schedules, water, reuse, and wastewater service to the Property in a manner to conform with all requirements of all governmental agencies having jurisdiction over the water, reuse, and wastewater system of TOHO. DEVELOPER, its successors and assigns agree to timely and fully pay all applicable monthly rates, fees, and charges to TOHO and otherwise fully comply with TOHO’s rules, regulations, and ordinances applicable to the provision of water, reuse, and wastewater service.
4.2. DEVELOPER, its successors and assigns agrees to pay to TOHO for monthly service within thirty (30) days after statement is rendered by TOHO all sums due and payable as set forth in such statement. Upon failure or refusal to pay the amounts due on statements as rendered, TOHO may, in its sole discretion, terminate service.
4.3. DEVELOPER, its successors and assigns shall pay as a condition precedent impact fees and connection fees in accordance with TOHO’s current rules, regulations, policies and ordinances. SECTION 5. DESIGN, REVIEW, CONSTRUCTION, INSPECTION, AND CONVEYANCE OF FACILITIES.
5.1. To induce TOHO to provide water, reuse, and wastewater service, and to continuously provide customers located on the Property with water, reuse, and wastewater services, DEVELOPER hereby covenants and agrees to pay for the construction and to transfer ownership and control to TOHO as a contribution-in-aid-of- construction, the on-site and/or off-site water and reuse distribution and wastewater collection facilities referred to herein. All design and construction shall be in accordance with TOHO...
