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agrees to pay for all costs associated with re-sampling of any analytical test that may be <br /> required to be tested a second time. Should re-sampling be required, Utility shall bill the <br /> Developer all costs the Utility has incurred with the re-sampling for said well. Developer <br /> agrees to pay the invoice for the re-sampling of said analytical tests to Utility within 30 days <br /> of the invoice date. <br /> 2.5. Storage Requirements. Developer agrees to install all storage required for the <br /> Subdivision in accordance with Utility's specification requirements and Utility agrees to pay <br /> the Department of Labor's storage tank inspection costs to satisfy the inspection certificate <br /> requirements outlined in North Carolina General Statues § 95-69.16. <br /> 2.6. Water Utility System Contractors and Construction Warranty. Utility must <br /> approve, in writing, prior to the commencement of any work, all contractors and <br /> subcontractors who will perform work on the installation of the Water Utility System, <br /> including but not limited to the water mains, services, wells, pumps, tanks, and all other <br /> Water Utility System construction in the Subdivision. Furthermore, Developer shall provide <br /> to Utility a one-year warranty on all Water Utility System Phase components and <br /> workmanship. This warranty shall begin from the date of Closing of the Water Utility System <br /> Phase. Said warranty shall be provided at Closing. <br /> 2.7. Engineering Certification of Completion & Record Drawings. Developer, at <br /> Developer's cost, shall have the engineer furnish DEH and Utility with a signed and sealed <br /> copy of the DEH required letter from Developer's engineer certifying that the Water Utility <br /> System is installed in compliance with the approved Water Plans. Said letter shall comply <br /> with DEH requirements. Developer, at Developer's cost, shall have the engineer supply <br /> Utility with an electronic copy of engineering 'as constructed' drawings of the Water Utility <br /> System ("as-builts"). The electronic version of the as-builts shall be submitted to Utility in <br /> '.dwg' format and shall also include, at the very least, the longitude and latitude of each <br /> valve and the signed and sealed copy shall be submitted to Utility in '.pdf' format and shall <br /> depict the seal of the professional engineer responsible for issuing the as-built drawings. <br /> 3. Certificate of Public Convenience and Necessity. Upon signing of the contract for <br /> the purchase of the Assets, issuance of the Permit by DEH, and upon conveyance of each well <br /> lot, as heretofore stated, Utility will apply to the Commission as soon as may be practicable for <br /> a Certificate to provide water service to the Subdivision. Upon Closing occurring, Utility will <br /> supply water service to the residents of Subdivision under the terms of such Certificate, as the <br /> same may be amended from time to time. It is mutually understood and agreed that the sale <br /> and conveyance of said Assets shall become effective only upon the granting of the Certificate <br /> by Commission and approval of the Water Plans by DEH. Should the Commission fail to grant <br /> the Certificate and this Agreement be terminated by the Parties, Utility agrees to (i)execute a <br /> 6 <br /> Dunhill Water Utility System <br /> Dunhill Agreement 061212.doc <br />