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percent (35$) of the revenue received by it from customers located within the area outlined in red on said Exhibit "A** taking direct service from the water mains indicated by yellow and green lines on said Exhibit MA", for a period of ten (10) years from the date of completion of the water main indented by yellow line on said Exhibit "A”, or until the Subdivider has been repaid the actual cost of constructing the water line indicated by yellow line on said Exhibit "A”, whichever first occurs. ARTICLE III It is mutually agreed; 1. That the water mains so installed, and the water main to be -conveyed to the company by the Subdivider shall be and remain the property of the Company. 2. Should the actual cost of the installation of the said water main indicated by yellow line on Exhibit WA" exceed the estimated cost of $1310.00 then and in that event the Subdivider will pay the excess to the Company, upon demand, If the said actual cost should be less the estimated cost of $1310.00, then the Company will pay to the Subdivider the difference between said estimated cost so advanced and the actual cost. By actual cost is meant the cost of all material and supplies delivered to the job, the cost of all labor employed in connection with the Installation of said water main, the cost of premium on contractor's surety bond, Public Liability, Property Damage and Contractor's Contractual Liability Insurance, plus ten percent (10$) for supervision and overhead. 3. This agreement shall inure to the benefit of and be binding upen the heirs, executors, administrators, successors and assigns of the respective parties hereto. - 3 - / A-89
