Common use of IT IS MUTUALLY AGREED Clause in Contracts

IT IS MUTUALLY AGREED. 1. The above described property shall have no water commitment by virtue of the installation of the water facilities. Future use of said facilities requires that a water commitment be obtained from the District before the facilities can be utilized. 2. That this Agreement shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns. To assure District recognition of an assignment from one developer/owner to another, a District provided assignment form should be completed, and a fully executed duplicate original should be returned to the District. 3. That the effective date of this Agreement is the date that the Agreement is formally executed by the District. 4. That this Agreement shall terminate if construction of the water facilities covered by the plan or plans identified in Article 1, paragraph 1 of this Agreement is not started within one (1) year from the date of District approval of said plan or plans; or if such construction is commenced within said one (1) year period, but is not diligently prosecuted to completion within 2 years from the date of plan approval. Termination under this paragraph shall occur upon the District’s written notice that Developer has not followed the conditions of this Agreement. 5. That all water facilities installed under this Agreement shall be and remain the exclusive property of the District, and shall become a part of the District’s general water distribution system after acceptance by the District. 6. That if this Agreement terminates in accordance with Article III, paragraph 4 of this Agreement, right, title and interest of all or any portion of water facilities installed, as determined solely and exclusively by the District, shall become the exclusive property of the District for the District to use, modify, or to dispose of as the District deems appropriate. 7. That in the event a portion of the water facilities are constructed but this agreement terminates, the above described property shall have no water commitment by virtue of the installation of the water facilities. Requests for future use of said facilities, if retained in place, will require a new water commitment be obtained before the facilities can be utilized. 8. That for the purpose of making refunds or any notifications that may be required by this Agreement, the Developer’s address and Property Owners address are as identified on page 1 of this Agreement, and it is the Developer’s and Property Owner’s responsibility to notify the District in writing of a change in address. 9. That noncompliance or violation of any District policy, or any provision of this Agreement by Developer or it’s officers, employees, agents, contractors, licensees or invitees shall be cause for the District, at its sole discretion, to revoke construction approval of the water facilities without challenge by the Developer and without liability for any damages caused by said revocation. 10. That failure of the District to enforce any provision of this Agreement shall not constitute a waiver by the District, and the District may choose to enforce any breach of this Agreement at any time. 11. That this Agreement may be recorded by the District as an “Official Record” in the office of the Recorder for ▇▇▇▇▇ County, Nevada. 12. This Agreement is intended solely for the benefit of the District and Developer and is not intended to benefit, either directly or indirectly, any third party or member(s) of the public at large. Any Promise by the District to refund connection charges to Developer is solely for the benefit of the Developer. 13. The laws of the State of Nevada shall govern as to the interpretation, validity and effect of this Agreement. 14. That each party hereto warrants to the other that it, and its signatory hereunder, is duly authorized and empowered to execute this Agreement and to bind said party to the terms of this Agreement. 15. That each party shall not discriminate against employees or applicants based on race, color, religion, sex, age, or national origin, and shall take affirmative action to ensure that applicants are employed and employees are treated without regard to the above-mentioned factors and agrees to post in conspicuous places for employees and applicants’ notices provided by the Federal Civil Rights Commission setting forth these provisions. Each party further agrees that solicitation for employees shall state that qualified applicants will receive consideration without regard to the above-mentioned factors and will send to labor unions or collectives with which he/it has an agreement a notice of the commitments required herein and each party will comply with all local, state and federal laws prohibiting discrimination in hiring or employment opportunities.

IT IS MUTUALLY AGREED. 1. The above described property shall have no water commitment by virtue of the installation of the water facilities. Future use of said facilities requires that a water commitment be obtained from the District before the facilities can be utilized. 2. That this Agreement shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns. To assure District recognition of an assignment from one developer/owner to another, a District Assignments must be completed on forms provided assignment form should be completedby the District, and a fully executed duplicate original should must be returned provided to the District. 3. That the effective date of this Agreement is the date that the Agreement is formally executed by the District. 4. That this Agreement shall terminate if construction of the water facilities covered by the plan or plans identified in Article 1I, paragraph 1 of this Agreement is not started within one (1) year from the date of District approval of said plan or plans; or if such construction is commenced within said one (1) year period, but is not diligently prosecuted to completion within 2 years from the date of the plan approvalapproved. Termination under this paragraph shall occur upon the District’s 's written notice that Developer has not followed the conditions of this Agreement. 5. That all water facilities installed under this Agreement shall be and remain the exclusive property of the District, and shall become a part of the District’s 's general water distribution system after acceptance by the District. 6. That if this Agreement terminates in accordance with Article III, paragraph 4 of this Agreement, right, title and interest of all or any portion of water facilities installed, as determined solely and exclusively by the District, shall become the exclusive property of the District for the District to use, modify, or to dispose of as the District deems appropriate. 7. That in the event a portion of the water facilities are constructed but this agreement terminates, the above described property shall have no water commitment by virtue of the installation of the water facilities. Requests for future use of said facilities, if retained in place, will may require that a new water commitment be obtained before the facilities can be utilized. 8. That for the purpose of making refunds or any notifications that may be required by this Agreement, the Developer’s 's address and Property Owners Owner's address are as identified on page 1 of this Agreement, and it is the Developer’s 's and Property Owner’s 's responsibility to notify the District in writing of a change in address. 9. That noncompliance or violation of any District policy, the District's Service Rules or any provision of this Agreement by Developer or it’s its officers, employees, agents, contractors, licensees or invitees shall be cause for the District, at its sole discretion, to revoke construction approval of the water facilities without challenge by the Developer and without liability for any damages caused by said revocation. 10. That all parties are acquainted with the provisions of the applicable District Service Rules in force on the effective date of this Agreement. 11. That failure of the District to enforce any provision of this Agreement shall not constitute a waiver by the District, and the District may choose to enforce any breach of this Agreement at any time. 1112. That this Agreement agreement may be recorded by the District as an “"Official Record” " in the office of the Recorder for Clar▇ ▇▇▇▇▇ Countynty, Nevada. 1213. This Agreement is intended solely for the benefit of the District and Developer and is not intended to benefit, either directly or indirectly, any third party or member(s) of the public at large. Any Promise promise by the District to refund connection charges to Developer is solely for the benefit of the Developer. 13. The laws of the State of Nevada shall govern as to the interpretation, validity and effect of this Agreement. 14. That each party hereto warrants to the other that it, and its signatory hereunder, is duly authorized and empowered to execute this Agreement and to bind said party to the terms of this Agreement. 15. That each party shall not discriminate against employees or applicants based on race, color, religion, sex, age, or national origin, and shall take affirmative action to ensure that applicants are employed and employees are treated without regard to the above-mentioned factors and agrees to post in conspicuous places for employees and applicants’ notices provided by the Federal Civil Rights Commission setting forth these provisions. Each party further agrees that solicitation for employees shall state that qualified applicants will receive consideration without regard to the above-mentioned factors and will send to labor unions or collectives with which he/it has an agreement a notice of the commitments required herein and each party will comply with all local, state and federal laws prohibiting discrimination in hiring or employment opportunities.

IT IS MUTUALLY AGREED. 1. The above above-described property shall have no water commitment by virtue of the installation of the water facilities. Future use of said facilities requires that a water commitment be obtained from the District before the facilities can be utilized. 2. That this Agreement shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns. To assure District recognition of an assignment from one developer/owner to another, a District provided assignment form should be completed, and a fully executed duplicate original should be returned to the District. 3. That the effective date of this Agreement is the date that the Agreement is formally executed by the District. 4. That this Agreement shall terminate if construction of the water facilities covered by the plan or plans identified in Article 1, paragraph 1 of this Agreement is not started within one (1) year from the date of District approval of said plan or plans; or if such construction is commenced within said one (1) year period, but is not diligently prosecuted to completion within 2 years from the date of plan approval. Termination under this paragraph shall occur upon the District’s written notice that Developer has not followed the conditions of this Agreement. 5. That all water facilities installed under this Agreement shall be and remain the exclusive property of the District, and shall become a part of the District’s general water distribution system after acceptance by the District. 6. That if this Agreement terminates in accordance with Article III, paragraph 4 of this Agreement, right, title and interest of all or any portion of water facilities installed, as determined solely and exclusively by the District, shall become the exclusive property of the District for the District to use, modify, or to dispose of as the District deems appropriate. 7. That in the event a portion of the water facilities are constructed but this agreement terminates, the above described property shall have no water commitment by virtue of the installation of the water facilities. Requests for future use of said facilities, if retained in place, will require a new water commitment be obtained before the facilities can be utilized. Upon termination, the dedication of water rights for the project shall be rescinded by the District and monies paid shall be returned less 10 percent per year from the date of the entry of this agreement. Any partial years will be prorated for the time period. 8. That for the purpose of making refunds or any notifications that may be required by this Agreement, the Developer’s address and Property Owners address are as identified on page 1 of this Agreement, and it is the Developer’s and Property Owner’s responsibility to notify the District in writing of a change in address. 9. That noncompliance or violation of any District policy, or any provision of this Agreement by Developer or it’s officers, employees, agents, contractors, licensees or invitees shall be cause for the District, at its sole discretion, to revoke construction approval of the water facilities without challenge by the Developer and without liability for any damages caused by said revocation. 10. That failure of the District to enforce any provision of this Agreement shall not constitute a waiver by the District, and the District may choose to enforce any breach of this Agreement at any time. 11. That this Agreement may be recorded by the District as an “Official Record” in the office of the Recorder for ▇▇▇▇▇ Clark County, Nevada. 12. This Agreement is intended solely for the benefit of the District and Developer and is not intended to benefit, either directly or indirectly, any third party or member(s) of the public at large. Any Promise by the District to refund connection charges to Developer is solely for the benefit of the Developer. 13. The laws of the State of Nevada shall govern as to the interpretation, validity and effect of this Agreement. 14. That each party hereto warrants to the other that it, and its signatory hereunder, is duly authorized and empowered to execute this Agreement and to bind said party to the terms of this Agreement. 15. That each party shall not discriminate against employees or applicants based on race, color, religion, sex, age, or national origin, and shall take affirmative action to ensure that applicants are employed and employees are treated without regard to the above-mentioned factors and agrees to post in conspicuous places for employees and applicants’ notices provided by the Federal Civil Rights Commission setting forth these provisions. Each party further agrees that solicitation for employees shall state that qualified applicants will receive consideration without regard to the above-mentioned factors and will send to labor unions or collectives with which he/it has an agreement a notice of the commitments required herein and each party will comply with all local, state and federal laws prohibiting discrimination in hiring or employment opportunities.

IT IS MUTUALLY AGREED. 1. The above described property shall have no water commitment by virtue of the installation of the water facilities. Future use of said facilities requires that a water commitment be obtained from the District before the facilities can be utilized. 2. That this Agreement shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns. To assure District recognition of an assignment from one developer/owner to another, a District provided assignment form should be completed, and a fully executed duplicate original should be returned to the District. 3. That the effective date of this Agreement is the date that the Agreement is formally executed by the District. 4. That this Agreement shall terminate if construction of the water facilities covered by the plan or plans identified in Article 1I, paragraph 1 of this Agreement is not started within one (1) year from the date of District approval of said plan or plans; or if such construction is commenced within said one (1) year period, but is not diligently prosecuted to completion within 2 years from the date of plan approval. Termination under this paragraph shall occur upon the District’s 's written notice that Developer has not followed the conditions of this Agreement. 5. That all water facilities installed under this Agreement shall be and remain the exclusive property of the District, and shall become a part of the District’s 's general water distribution system after acceptance by the District. 6. That if this Agreement terminates in accordance with Article III, paragraph 4 of this Agreement, right, title and interest of all or any portion of water facilities installed, as determined solely and exclusively by the District, shall become the exclusive property of the District for the District to use, modify, or to dispose of as the District deems appropriate. 7. That in the event a portion of the water facilities are constructed but this agreement terminates, the above described property shall have no water commitment by virtue of the installation of the water facilities. Requests for future use of said facilities, if retained in place, will may require that a new water commitment be obtained before the facilities can be utilized. 8. That for the purpose of making refunds or any notifications that may be required by this Agreement, the Developer’s 's address and Property Owners address are is as identified on page 1 of this Agreement, and it is the Developer’s and Property Owner’s 's responsibility to notify the District in writing of a change in address. 9. That noncompliance or violation of any District policy, the District's Service Rules or any provision of this Agreement by Developer or it’s its officers, employees, agents, contractors, licensees or invitees shall be cause for the District, at its sole discretion, to revoke construction approval of the water facilities without challenge by the Developer and without liability for any damages caused by said revocation. 10. That all parties are acquainted with the provisions of the applicable District Service Rules in force on the effective date of this Agreement. 11. That failure of the District to enforce any provision of this Agreement shall not constitute a waiver by the District, and the District may choose to enforce any breach of this Agreement at any time. 1112. That this Agreement agreement may be recorded by the District as an “"Official Record” " in the office of the Recorder for ▇▇▇▇▇ County, Nevada. 1213. This Agreement is intended solely for the benefit of the District and Developer and is not intended to benefit, either directly or indirectly, any third party or member(s) of the public at large. Any Promise promise by the District to refund connection charges to Developer is solely for the benefit of the Developer. 1314. The laws of the State of Nevada shall govern as to the interpretation, validity and effect of this Agreement. 1415. That each party hereto warrants to the other that it, and its signatory hereunder, is duly authorized and empowered to execute this Agreement and to bind said party to the terms of this Agreement. 1516. That each party shall not discriminate against employees or applicants based on race, color, religion, sex, sexual orientation, age, or national origin, and shall take affirmative action to ensure that applicants are employed and employees are treated without regard to the above-mentioned factors and agrees to post in conspicuous places for employees and applicants’ notices provided by the Federal Civil Rights Equal Employment Opportunity Commission setting forth these provisions. Each party further agrees that solicitation for employees shall state that qualified applicants will receive consideration without regard to the above-mentioned factors and will send to labor unions or collectives with which he/it has an agreement a notice of the commitments required herein and each party will comply with all local, state and federal laws prohibiting discrimination in hiring or employment opportunities.