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and indirect costs as may be incurred and paid to the City of <br /> Durham for its acceptance and treatment of the wastewater from the <br /> Piney Mountain Subdivision. Neither the Piney Mountain Homeowners <br /> Association nor any property owner served by the wastewater <br /> collection and treatment facilities shall make any claim based upon <br /> discrimination based on rates, fees or charges, and in the event of <br /> any such claim in derogation of this covenant, the claimant shall <br /> be liable for OWASA's costs of defense, including reasonable <br /> attorneys fees . <br /> 5 . The main and facilities constructed hereunder shall be <br /> used solely to provide service to the homes constructed and to be <br /> constructed on the lots which now constitute the Piney Mountain <br /> Subdivision as described in paragraph 2 of this Agreement. Orange <br /> Water and Sewer Authority shall not permit, nor shall any of the <br /> other parties to this Agreement request or attempt to permit, or <br /> approve any development which would require connections to this <br /> line to serve properties other than the 59 presently platted lots <br /> within the Piney Mountain Subdivision, except as may be necessary <br /> to alleviate a public health emergency, except by and with the <br /> consent of the Orange Water and Sewer Authority, Orange County and <br /> the Towns of Chapel Hill and Carrboro. <br /> 6 . Orange Water and Sewer Authority and the City of Durham <br /> have executed a separate Agreement for Collection and Treatment of <br /> Wastewater from Piney Mountain Subdivision, a copy of which is <br /> Exhibit A to this Agreement. <br /> 10 <br />