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Sewer & Water Extension Agreement & Title Sheet - Utility Extension for Campus View - UND Property Owner, LLC
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Sewer & Water Extension Agreement & Title Sheet - Utility Extension for Campus View - UND Property Owner, LLC
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9/13/2022 1:57:36 PM
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9/13/2022 1:56:43 PM
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Board of Public Works
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Contracts
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9/13/2022
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17. Waiver <br />No provision of this Agreement will be deemed waived, unless such waiver will be in writing <br />and signed by the party against which the waiver is sought to be enforced. The waiver will not be <br />construed to be a waiver of any succeeding breach of any such provision, a waiver of the provision <br />itself, or a waiver of any other provisions of this Agreement. No delay or omission on the part of <br />either party to exercise or avail itself of any right, power, or privilege that it has or may have under <br />this Agreement will operate as a waiver of any breach or default. <br />18. Time <br />Time is of the essence of this Agreement. Owner intends to commence disconnects of existing <br />water and sewer service on or about May 18, 2022. Owner needs to commence construction of <br />new site improvements, including new water and sewer improvements, on or about July 18, 2022 <br />so that new dwelling units can be ready for occupancy prior to August 1, 2024. <br />19. Entire Agreement <br />This Agreement sets forth the entire agreement and understanding between the Owner and the <br />City as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, <br />and understanding of any and every nature between them. <br />20. Corporate Authority <br />The person signing on behalf of the Owner represents that he/she has been duly authorized to <br />execute this Agreement on behalf of said Owner. <br /> IN WITNESS WHEREOF, the Owner and the City, through their duly authorized <br />representatives, have caused this Agreement to be executed as of the day and year first written <br />above. The parties have read and understand the foregoing terms of this Agreement and do, by <br />their respective signatures hereby agree to its terms.
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