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154 <br /> r specific to the Project described above and any change or alteration in <br /> / the approved plans of such project shall, absent the written consent of <br /> the Town, void this contract. <br /> 10. The words "line" or "lines" shall include "main" or "mains" unless the <br /> contract otherwise requires. "Sewer" means "sanitary sewer. " <br /> 11. This contract shall be deemed made in and shall be construed in <br /> accordance with the law of North Carolina. All litigation arising out <br /> of this contract shall be brought in courts sitting in North Carolina. <br /> B. Pre-Construction Conditions <br /> 1. - The Developer shall engage a registered professional engineer to <br /> prepare plans and specifications for the construction of water <br /> improvements and/or sanitary sewer improvements to serve the Project. <br /> 2. The Developer shall secure approval of the construction plans by the <br /> following agencies or authorities, to the extent applicable: <br /> the Town <br /> the North Carolina Department of Human Resources <br /> the North Carolina Department of Natural Resources <br /> and .Community Development <br /> the North Carolina Department of Transportation <br /> 3. The Developer shall obtain any necessary encroachment agree• lents or <br /> easements for use of property not owned by the undersigned developer or <br /> project owner. <br /> 4. All water and sewer capital facilities fees for residential <br /> projects shall be paid before construction of the extension <br /> begins. Where water and sewer extensions covered by this contract <br /> are to be constructed in phases, the capital facilities fees for <br /> each phase must be paid before construction begins on that phase. <br /> The amount of the fees for each phase are based on the number of <br /> residential units which will ultimately be served by that phase of <br /> water and sewer extension construction. <br /> C. Ccnstruction Conditions:__ <br /> 1. Unless otherwise provided in this contract, all construction shall be <br /> in accordance with Town policy, standards and specifications. <br /> a) The Town shall designate the size and type of material for all <br /> water and sewer lines. <br /> b) All work shall be subject to inspection by the Town. No line may <br /> be covered up until such inspection has taken place and if any <br /> line or facility is covered up prior to inspection, the Town may <br /> require such line or facility to be uncovered or exposed to view <br /> at the developer' s expense to facilitate such inspection. <br />