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MUTUAL WATER COMPANY SUBSCRIPTION AGREEMENT ...

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15. Binding Effect.<br />

This Agreement shall bind and benefit the Parties and<br />

thei r successors, heirs and assigns. This Agreement contains<br />

and supersedes all of the agreements and understandings of<br />

the Parties about the formation of the Mutual and may be<br />

changed only by a writing signed by the Parties .<br />

16. Time of the Essence.<br />

Time is of the essence in the performance of this<br />

Agreement.<br />

17. Memorandum of Agreement.<br />

The Parties who are the minimum subscribers as per<br />

Paragraph 4 to this Agreement will execute a Memorandum of<br />

Subscription Agreement (the II Memorandum II) i n the form of<br />

Exhibit 11 E 11 as attached hereto. An addendum to the Memorandum<br />

shall be prepared and recorded when any additional Party<br />

executes this Agreement.<br />

18 . Counterparts. This Agreement may be signed in<br />

counterparts, all of which shall be deemed to constitute one<br />

and the same instrument and each of said counterparts shall<br />

be deemed an original hereof.<br />

12

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