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12. Property Taxes. Utility shall not be responsible for costs of property taxes on any <br /> Deeded Property with respect to which title is not conveyed to Utility. Utility shall only be <br /> responsible for real estate property which it owns. <br /> 13. General Provisions. <br /> 13.1. Execution of Future Agreements. After the execution of this Agreement, all new <br /> development agreements entered into by Developer with respect to development at the <br /> Subdivision shall be consistent with the terms of this Agreement to the extent addressing <br /> the provision of water utility service to the Subdivision. <br /> 13.2. Representations, Warranties, Covenants and Agreements Survive Closing. All <br /> representations and warranties of Developer and Utility hereunder shall survive each <br /> Closing. Further, any covenant or agreement herein which contemplates performance after <br /> the time of any Closing shall not be deemed to be merged into or waived by the instruments <br /> delivered in connection with such Closing, but shall expressly survive such Closing and be <br /> binding upon the Parties obligated thereby. <br /> 13.3. Binding upon Successors and Assigns. This Agreement shall be binding upon and <br /> shall inure to the benefit of Developer and Utility, and the successors and assigns of each. <br /> 13.4. No Third Party Beneficiary Rights. Nothing expressed or referred to in this <br /> Agreement will be construed to give any person other than the Parties any legal or equitable <br /> right, remedy or claim under or with respect to this Agreement or any provision of this <br /> Agreement, except such rights as shall inure to a successor or permitted assignee pursuant <br /> to Paragraph 0 above. <br /> 13.5. Independent Contractors. The Parties are and shall be independent contractors <br /> to one another, and nothing herein shall be deemed to cause this Agreement to create an <br /> agency, partnership, or joint venture between the Parties. <br /> 13.6. Counterparts. This Agreement may be executed in one or more counterpart <br /> signature pages (including facsimile counterpart signature pages), each of which will be <br /> deemed to be an original of this Agreement and all of which, when taken together, will be <br /> deemed to constitute one and the same agreement. <br /> 13.7. Headings. The headings of particular provisions of this Agreement are inserted <br /> for convenience only and shall not be construed as a part of this Agreement or serve as a <br /> limitation or expansion on the scope of any term or provision of this Agreement. <br /> 12 <br /> Dunhill Water Utility System <br /> Dunhill Agreement 061212.doc <br />