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4 <br />paragraph 4. If Durham is required by a court of competent j-urisdiction to refund any <br />acreage fees orfrontage char-ges that were-used towards payment of the design and the <br />construction of the infrastructure by means of the Dedicated Receipts process-described <br />-above in this paragraph, Orange shall reimburse Durham (i) to the -extent the amounts paid by <br />-Orange to Durham under paragraph 4 above in a particular Year were reduced by the <br />Dedicated Receipts attributable to the amounts refunded, and (ii) for interest associated with <br />the refunds of the acreage fees or frontage charges that Durham is required to-pay by a court <br />of competent jurisdiction. <br />9. Nondiscriminatory Policies. Durham will not establish policies that impose a level of water <br />and sewer service in the Zone that is inferior to that provided to similarly situated users of <br />Durham water and sewer services. <br />10. Annexation. Durham may enter into agreements with developer-s and property owners that <br />-they will comply with requirements that Durham desires related to annexation, including that <br />they_ will not seek annexation ~y any municipality other than Durham; that they will petition <br />for annexation when requested by Durham; and that they will- be subject to remedies for <br />violating the annexation-related provisions. <br />11. Regulations. Durham shall have the authority to protect and regulate the water and sewer <br />systems and its users in the Zone, including water use restrictions and regulations respecting <br />introduction of pollutants into the wastewat-er system: <br />12. Duration. This agreement shall be perpetual, unless terminated earlier by mutual agreemen#. <br />Nevertheless, this contract shall terminate if construction of the infrastructure has not begun <br />within three (3) years of the date of this agreement. On such termination, ali obligations that <br />are still executo-~Y on both sides are discharged but any right based on prior breach or <br />performance sur-vives The governing body of each parry hereto has determined the duration <br />provided in this paragraph to be reasonable. <br />13. Appointment of Personnel. The. City Manager shall designate persons to carry out Durham's <br />obligations under this agreement. The County Manager shall designate persons to carry out <br />Orange's obligations under this agreement. <br />14. Amendment and Termination. This agreement may be amended or terminated by agreement <br />of the parties. An amendment is not valid unless signed by both parties and otherwise in <br />accordance with requirements of law. An amendment is not enforceable against Durham <br />unless it is signed by its City Manager, or a deputy or assistant City Manager. An <br />amendment is not enforceable against Orange unless signed by the County Manager or Chair <br />of the Board of County Commissioners. <br />15. Notice. <br />(a) All notices and other communications required or permitted by this agreement shall be in <br />writing and shall be given either by personal delivery, UPS, Federal Express, or certified <br />United States mail, return receipt requested, addressed as follows. The parties are requested <br />to send a copy by email. <br />