Common use of PROVISION OF SERVICE; PAYMENT OF RATES Clause in Contracts

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 rules, regulations, policies, resolutions, ordinances and utility standards. 5.2. DEVELOPER shall pay TOHO to review engineering plans and specifications of the type and in the form as prescribed by TOHO, showing the on-site and/or off-site water and reuse distribution and wastewater collection facilities proposed to be installed to provide service to the subject Property. TOHO will advise DEVELOPER's engineer of any sizing requirements as mandated by TOHO's system extension policy and utility standards for the preparation of plans and specifications for facilities within the Property. If applicable, such detailed plans may be limited to a phase of the Property, and subsequent phases may be furnished from time to time. However, each such phase, if applicable, shall conform to a master plan for the development of the Property and such master plan shall be submitted to TOHO concurrent with or prior to submission of plans for the first phase. All such plans and specifications shall be submitted to TOHO and no construction shall commence until TOHO has approved such plans and specifications in writing. After approval, DEVELOPER shall cause to be constructed, at DEVELOPER's expense, the water and reuse distribution and wastewater collection facilities as shown on all plans and specifications. 5.3. During the construction of the on-site and/or off-site water and reuse distribution and wastewater collection facilities by DEVELOPER, TOHO shall have the right to inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perform standard tests for pressure, filtration, line and grade, and all other normal engineering tests required by specifications and/or good engineering practices. Complete as-built plans shall be submitted to TOHO upon completion of construction. 5.4. By these presents, upon completion and approval by TOHO, DEVELOPER shall transfer to TOHO, all right, title, and interest, free and clear of any encumbrances whatsoever, to the on-site and/or off-site water and reuse distribution and wastewater collection facilities installed by DEVELOPER's contractor, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the acceptance by TOHO of the said installation. As further evidence of said transfer to title, and upon the completion of the installation and prior to the rendering of service by TOHO, DEVELOPER shall convey to TOHO, by bill of sale, or other appropriate documents, in form satisfactory to TOHO's counsel, the complete on-site and/or off-site water and reuse distribution and wastewater collection facilities as constructed by DEVELOPER and approved by TOHO. DEVELOPER shall further cause to be conveyed to TOHO, all easements and/or rights-of-way covering areas in which on-site and/or off- site water and reuse distribution and wastewater collection facilities are installed by recordable document in form satisfactory to TOHO's counsel. All conveyance of easements and/or rights-of-way shall be accompanied by a title policy or other evidence of title, satisfactory to TOHO, establishing DEVELOPER's rights to convey such continuous enjoyment of such easements or rights-of-way for those purposes set forth in this Agreement to the exclusion of any other person in interest. The use of easements granted by DEVELOPER shall include the use by other utilities so long as such uses by electric, telephone, or gas utilities, or cable television do not interfere with use by TOHO. TOHO agrees that the acceptance of the on-site and/or off-site water and reuse distribution and wastewater collection facilities installed by DEVELOPER, for service, or by acceptance of the bill of sale, shall constitute that assumption of responsibility by TOHO for the continuous operation and maintenance of such system from that date forward. 5.5. All installations by DEVELOPER or its contractor shall be warranted for at least one (1) year from the date of acceptance by TOHO. Mortgagee(s), if any, holding prior liens on such properties shall be required to release such liens, subordinate their position and join in the grant or dedication of the easements or rights-of-way. The water and reuse distribution and wastewater collection facilities shall be covered by easements if not located within platted or dedicated rights-of-way. 5.6. Payment of the contributions-in-aid-of-construction does not and will not result in TOHO waiving any of its rates, rate schedules or rules and regulations, and their enforcement shall not be affected in any manner whatsoever by DEVELOPER making the contribution. TOHO shall not be obligated for any reason whatsoever nor shall TOHO pay any interest or rate of interest upon the contribution. Neither DEVELOPER nor any person or other entity holding any of the Property by, through or under DEVELOPER, or otherwise, shall have any present or future right, title, claim or interest in and to the contributions or to any of the water, reuse, and wastewater facilities and properties of TOHO, and all prohibitions applicable to DEVELOPER with respect to no refund of contributions, no interest payment on said contributions and otherwise, are applicable to all persons or entities. Any user or customer of water, reuse, or wastewater services shall not be entitled to offset any bill or bills rendered by TOHO for such service or services against the contributions. DEVELOPER shall not be entitled to offset the contributions against any claim or claims of TOHO.

PROVISION OF SERVICE; PAYMENT OF RATES. 4.1. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by the DEVELOPER, TOHO the TOWN covenants and agrees that it will allow the connection of the water and reuse distribution and wastewater collection facilities installed by DEVELOPER to the TOWN’S 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 Except as otherwise provided in this Agreement, the TOWN agrees that once it provides water, reuse, and wastewater service to the Property Development and DEVELOPER, DEVELOPER or others have connected customer installations to its system, that thereafter, TOHO the TOWN 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 Development in a manner to conform with all requirements of all governmental agencies having jurisdiction over the water, reuse, and wastewater system systems of TOHOthe TOWN. The DEVELOPER, its successors and assigns assigns, and any others using the TOWN’S Wastewater System by virtue of this Agreement agree to timely and fully pay all applicable monthly rates, fees, and charges to TOHO the TOWN and otherwise fully comply with TOHOthe TOWN’s rules, regulations, and ordinances applicable to the provision of water, reuse, and wastewater service. 4.2. The DEVELOPER, its successors and assigns assigns, and any others obtaining service hereunder, agrees to pay to TOHO the TOWN for monthly service within thirty (30) days after statement is rendered by TOHO the TOWN 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 the TOWN 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 rules, regulations, policies, resolutions, ordinances and utility standards. 5.2. DEVELOPER shall pay TOHO to review engineering plans and specifications of the type and in the form as prescribed by TOHO, showing the on-site and/or off-site water and reuse distribution and wastewater collection facilities proposed to be installed to provide service to the subject Property. TOHO will advise DEVELOPER's engineer of any sizing requirements as mandated by TOHO's system extension policy and utility standards for the preparation of plans and specifications for facilities within the Property. If applicable, such detailed plans may be limited to a phase of the Property, and subsequent phases may be furnished from time to time. However, each such phase, if applicable, shall conform to a master plan for the development of the Property and such master plan shall be submitted to TOHO concurrent with or prior to submission of plans for the first phase. All such plans and specifications shall be submitted to TOHO and no construction shall commence until TOHO has approved such plans and specifications in writing. After approval, DEVELOPER shall cause to be constructed, at DEVELOPER's expense, the water and reuse distribution and wastewater collection facilities as shown on all plans and specifications. 5.3. During the construction of the on-site and/or off-site water and reuse distribution and wastewater collection facilities by DEVELOPER, TOHO shall have the right to inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perform standard tests for pressure, filtration, line and grade, and all other normal engineering tests required by specifications and/or good engineering practices. Complete as-built plans shall be submitted to TOHO upon completion of construction. 5.4. By these presents, upon completion and approval by TOHO, DEVELOPER shall transfer to TOHO, all right, title, and interest, free and clear of any encumbrances whatsoever, to the on-site and/or off-site water and reuse distribution and wastewater collection facilities installed by DEVELOPER's contractor, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the acceptance by TOHO of the said installation. As further evidence of said transfer to title, and upon the completion of the installation and prior to the rendering of service by TOHO, DEVELOPER shall convey to TOHO, by bill of sale, or other appropriate documents, in form satisfactory to TOHO's counsel, the complete on-site and/or off-site water and reuse distribution and wastewater collection facilities as constructed by DEVELOPER and approved by TOHO. DEVELOPER shall further cause to be conveyed to TOHO, all easements and/or rights-of-way covering areas in which on-site and/or off- site water and reuse distribution and wastewater collection facilities are installed by recordable document in form satisfactory to TOHO's counsel. All conveyance of easements and/or rights-of-way shall be accompanied by a title policy or other evidence of title, satisfactory to TOHO, establishing DEVELOPER's rights to convey such continuous enjoyment of such easements or rights-of-way for those purposes set forth in this Agreement to the exclusion of any other person in interest. The use of easements granted by DEVELOPER shall include the use by other utilities so long as such uses by electric, telephone, or gas utilities, or cable television do not interfere with use by TOHO. TOHO agrees that the acceptance of the on-site and/or off-site water and reuse distribution and wastewater collection facilities installed by DEVELOPER, for service, or by acceptance of the bill of sale, shall constitute that assumption of responsibility by TOHO for the continuous operation and maintenance of such system from that date forward. 5.5. All installations by DEVELOPER or its contractor shall be warranted for at least one (1) year from the date of acceptance by TOHO. Mortgagee(s), if any, holding prior liens on such properties shall be required to release such liens, subordinate their position and join in the grant or dedication of the easements or rights-of-way. The water and reuse distribution and wastewater collection facilities shall be covered by easements if not located within platted or dedicated rights-of-way. 5.6. Payment of the contributions-in-aid-of-construction does not and will not result in TOHO waiving any of its rates, rate schedules or rules and regulations, and their enforcement shall not be affected in any manner whatsoever by DEVELOPER making the contribution. TOHO shall not be obligated for any reason whatsoever nor shall TOHO pay any interest or rate of interest upon the contribution. Neither DEVELOPER nor any person or other entity holding any of the Property by, through or under DEVELOPER, or otherwise, shall have any present or future right, title, claim or interest in and to the contributions or to any of the water, reuse, and wastewater facilities and properties of TOHO, and all prohibitions applicable to DEVELOPER with respect to no refund of contributions, no interest payment on said contributions and otherwise, are applicable to all persons or entities. Any user or customer of water, reuse, or wastewater services shall not be entitled to offset any bill or bills rendered by TOHO for such service or services against the contributions. DEVELOPER shall not be entitled to offset the contributions against any claim or claims of TOHO.

PROVISION OF SERVICE; PAYMENT OF RATES. 4.1. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by the DEVELOPER, TOHO TWA 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 TWA 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 TWA 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 TWA 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 TOHOTWA. The DEVELOPER, its successors and assigns agree to timely and fully pay all applicable monthly rates, fees, and charges to TOHO TWA and otherwise fully comply with TOHOTWA’s rules, regulations, and ordinances applicable to the provision of water, reuse, and wastewater service. 4.2. The DEVELOPER, its successors and assigns agrees to pay to TOHO TWA for monthly service within thirty (30) days after statement is rendered by TOHO TWA 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 TWA may, in its sole discretion, terminate service. 4.3. The DEVELOPER, its successors and assigns shall pay as a condition precedent impact fees and connection fees in accordance with TOHOTWA’s current rules, regulations, policies and ordinances. SECTION 5. DESIGN, REVIEW, CONSTRUCTION, INSPECTION, AND CONVEYANCE OF FACILITIES. 5.1. To induce TOHO TWA 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 TWA 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 TWA rules, regulations, policies, resolutions, ordinances and utility standards. 5.2. DEVELOPER shall pay TOHO TWA to review engineering plans and specifications of the type and in the form as prescribed by TOHOTWA, showing the on-site and/or off-site water and reuse distribution and wastewater collection facilities proposed to be installed to provide service to the subject Property. TOHO TWA will advise DEVELOPER's engineer of any sizing requirements as mandated by TOHOTWA's system extension policy and utility standards for the preparation of plans and specifications for facilities within the Property. If applicable, such detailed plans may be limited to a phase of the Property, and subsequent phases may be furnished from time to time. However, each such phase, if applicable, shall conform to a master plan for the development of the Property and such master plan shall be submitted to TOHO TWA concurrent with or prior to submission of plans for the first phase. All such plans and specifications shall be submitted to TOHO TWA and no construction shall commence until TOHO TWA has approved such plans and specifications in writing. After approval, DEVELOPER shall cause to be constructed, at DEVELOPER's expense, the water and reuse distribution and wastewater collection facilities as shown on all plans and specifications. 5.3. During the construction of the on-site and/or off-site water and reuse distribution and wastewater collection facilities by DEVELOPER, TOHO TWA shall have the right to inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perform standard tests for pressure, filtration, line and grade, and all other normal engineering tests required by specifications and/or good engineering practices. Complete as-built plans shall be submitted to TOHO TWA upon completion of construction. 5.4. By these presents, upon completion and approval by TOHOTWA, the DEVELOPER shall transfer to TOHOTWA, all right, title, and interest, free and clear of any encumbrances whatsoever, to the on-site and/or off-site water and reuse distribution and wastewater collection facilities installed by DEVELOPER's contractor, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the acceptance by TOHO TWA of the said installation. As further evidence of said transfer to title, and upon the completion of the installation and prior to the rendering of service by TOHOTWA, DEVELOPER shall convey to TOHOTWA, by bill of sale, or other appropriate documents, in form satisfactory to TOHOTWA's counsel, the complete on-site and/or off-site water and reuse distribution and wastewater collection facilities as constructed by DEVELOPER and approved by TOHOTWA. DEVELOPER shall further cause to be conveyed to TOHOTWA, all easements and/or rights-of-way covering areas in which on-site and/or off- site water and reuse distribution and wastewater collection facilities are installed by recordable document in form satisfactory to TOHOTWA's counsel. All conveyance of easements and/or rights-of-way shall be accompanied by a title policy or other evidence of title, satisfactory to TOHOTWA, establishing DEVELOPER's rights to convey such continuous enjoyment of such easements or rights-of-way for those purposes set forth in this Agreement to the exclusion of any other person in interest. The use of easements granted by DEVELOPER shall include the use by other utilities so long as such uses by electric, telephone, or gas utilities, or cable television do not interfere with use by TOHOTWA. TOHO TWA agrees that the acceptance of the on-site and/or off-site water and reuse distribution and wastewater collection facilities installed by DEVELOPER, for service, or by acceptance of the bill of sale, shall constitute that assumption of responsibility by TOHO TWA for the continuous operation and maintenance of such system from that date forward.forward.‌ 5.5. All installations by DEVELOPER or its contractor shall be warranted for at least one (1) year from the date of acceptance by TOHOTWA. Mortgagee(s), if any, holding prior liens on such properties shall be required to release such liens, subordinate their position and join in the grant or dedication of the easements or rights-rights- of-way. The water and reuse distribution and wastewater collection facilities shall be covered by easements if not located within platted or dedicated rights-of-way. 5.6. Payment of the contributions-in-aid-of-construction does not and will not result in TOHO TWA waiving any of its rates, rate schedules or rules and regulations, and their enforcement shall not be affected in any manner whatsoever by DEVELOPER making the contribution. TOHO TWA shall not be obligated for any reason whatsoever nor shall TOHO TWA pay any interest or rate of interest upon the contribution. Neither DEVELOPER nor any person or other entity holding any of the Property by, through or under DEVELOPER, or otherwise, shall have any present or future right, title, claim or interest in and to the contributions or to any of the water, reuse, and wastewater facilities and properties of TOHOTWA, and all prohibitions applicable to DEVELOPER with respect to no refund of contributions, no interest payment on said contributions and otherwise, are applicable to all persons or entities. Any user or customer of water, reuse, or wastewater services shall not be entitled to offset any bill or bills rendered by TOHO TWA for such service or services against the contributions. DEVELOPER shall not be entitled to offset the contributions against any claim or claims of TOHOTWA.

PROVISION OF SERVICE; PAYMENT OF RATES. 4.1. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by the DEVELOPER, TOHO TWA 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 TWA 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 TWA 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 TWA 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 TOHOTWA. The DEVELOPER, its successors and assigns agree to timely and fully pay all applicable monthly rates, fees, and charges to TOHO TWA and otherwise fully comply with TOHOTWA’s rules, regulations, and ordinances applicable to the provision of water, reuse, and wastewater service. 4.2. The DEVELOPER, its successors and assigns agrees to pay to TOHO TWA for monthly service within thirty (30) days after statement is rendered by TOHO TWA 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 TWA may, in its sole discretion, terminate service. 4.3. The DEVELOPER, its successors and assigns shall pay as a condition precedent impact fees and connection fees in accordance with TOHOTWA’s current rules, regulations, policies and ordinances. SECTION 5. DESIGN, REVIEW, CONSTRUCTION, INSPECTION, AND CONVEYANCE OF FACILITIES. 5.1. To induce TOHO TWA 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 TWA 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 TWA rules, regulations, policies, resolutions, ordinances and utility standards. 5.2. DEVELOPER shall pay TOHO TWA to review engineering plans and specifications of the type and in the form as prescribed by TOHOTWA, showing the on-site and/or off-site water and reuse distribution and wastewater collection facilities proposed to be installed to provide service to the subject Property. TOHO TWA will advise DEVELOPER's engineer of any sizing requirements as mandated by TOHOTWA's system extension policy and utility standards for the preparation of plans and specifications for facilities within the Property. If applicable, such detailed plans may be limited to a phase of the Property, and subsequent phases may be furnished from time to time. However, each such phase, if applicable, shall conform to a master plan for the development of the Property and such master plan shall be submitted to TOHO TWA concurrent with or prior to submission of plans for the first phase. All such plans and specifications shall be submitted to TOHO TWA and no construction shall commence until TOHO TWA has approved such plans and specifications in writing. After approval, DEVELOPER shall cause to be constructed, at DEVELOPER's expense, the water and reuse distribution and wastewater collection facilities as shown on all plans and specifications. 5.3. During the construction of the on-site and/or off-site water and reuse distribution and wastewater collection facilities by DEVELOPER, TOHO TWA shall have the right to inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perform standard tests for pressure, filtration, line and grade, and all other normal engineering tests required by specifications and/or good engineering practices. Complete as-built plans shall be submitted to TOHO TWA upon completion of construction. 5.4. By these presents, upon completion and approval by TOHOTWA, the DEVELOPER shall transfer to TOHOTWA, all right, title, and interest, free and clear of any encumbrances whatsoever, to the on-site and/or off-site water and reuse distribution and wastewater collection facilities installed by DEVELOPER's contractor, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the acceptance by TOHO TWA of the said installation. As further evidence of said transfer to title, and upon the completion of the installation and prior to the rendering of service by TOHOTWA, DEVELOPER shall convey to TOHOTWA, by bill xxxx of sale, or other appropriate documents, in form satisfactory to TOHOTWA's counsel, the complete on-site and/or off-site water and reuse distribution and wastewater collection facilities as constructed by DEVELOPER and approved by TOHOTWA. DEVELOPER shall further cause to be conveyed to TOHOTWA, all easements and/or rights-of-way covering areas in which on-site and/or off- site water and reuse distribution and wastewater collection facilities are installed by recordable document in form satisfactory to TOHOTWA's counsel. All conveyance of easements and/or rights-of-way shall be accompanied by a title policy or other evidence of title, satisfactory to TOHOTWA, establishing DEVELOPER's rights to convey such continuous enjoyment of such easements or rights-of-way for those purposes set forth in this Agreement to the exclusion of any other person in interest. The use of easements granted by DEVELOPER shall include the use by other utilities so long as such uses by electric, telephone, or gas utilities, or cable television do not interfere with use by TOHOTWA. TOHO TWA agrees that the acceptance of the on-site and/or off-site water and reuse distribution and wastewater collection facilities installed by DEVELOPER, for service, or by acceptance of the bill xxxx of sale, shall constitute that assumption of responsibility by TOHO TWA for the continuous operation and maintenance of such system from that date forward. 5.5. All installations by DEVELOPER or its contractor shall be warranted for at least one (1) year from the date of acceptance by TOHOTWA. Mortgagee(s), if any, holding prior liens on such properties shall be required to release such liens, subordinate their position and join in the grant or dedication of the easements or rights-rights- of-way. The water and reuse distribution and wastewater collection facilities shall be covered by easements if not located within platted or dedicated rights-of-way. 5.6. Payment of the contributions-in-aid-of-construction does not and will not result in TOHO TWA waiving any of its rates, rate schedules or rules and regulations, and their enforcement shall not be affected in any manner whatsoever by DEVELOPER making the contribution. TOHO TWA shall not be obligated for any reason whatsoever nor shall TOHO TWA pay any interest or rate of interest upon the contribution. Neither DEVELOPER nor any person or other entity holding any of the Property by, through or under DEVELOPER, or otherwise, shall have any present or future right, title, claim or interest in and to the contributions or to any of the water, reuse, and wastewater facilities and properties of TOHOTWA, and all prohibitions applicable to DEVELOPER with respect to no refund of contributions, no interest payment on said contributions and otherwise, are applicable to all persons or entities. Any user or customer of water, reuse, or wastewater services shall not be entitled to offset any bill xxxx or bills rendered by TOHO TWA for such service or services against the contributions. DEVELOPER shall not be entitled to offset the contributions against any claim or claims of TOHOTWA.