developer policy manual - Grand Strand Water and Sewer Authority

10. This Agreement shall be effective and binding upon the parties for a period of
ninety-nine (99) years from the date of execution hereof or if the law of South
Carolina places a lesser maximum year contracting period, then the maximum
year contract length so permitted, and the terms and covenants and promises
hereinabove stated shall inure to and bind the respective parties, their successors
and assigns.
11. If either party fails or refuses to abide by the terms hereinabove in breach of this
agreement, the other party may, at its option, institute legal action to compel
specific performance, and irreparable harm to the other party shall be presumed in
any such action. Upon written notice, the party breaching the agreement shall be
provided 90 days to correct causes for the breach. Should violations still persist
then and in that case the other party may alternatively at its option terminate this
agreement and declare it null and void without any further liability whatsoever.
12. The Owner and Authority recognize that this Agreement will be provided to
SCDHEC to satisfy its requirements governing wastewater disposal and agree that
SCDHEC may institute or intervene in legal action to compel specific
performance by the Owner or Authority if necessary to insure proper effluent
disposal. This Agreement may not be modified without SCDHEC’s approval,
except in regards to costs set forth in Paragraph 8.
13. The Authority may provide the owner with bulk irrigation water until such time as
treated effluent is made available as outlined in this contract subject to terms and
conditions determined by a separate contract.
14. If any portion of this Agreement shall be declared invalid or unenforceable, the
remaining portions of this Agreement shall continue in full force and effect. This
Agreement inures to and binds the respective parties, their successors and assigns.
IN WITNESS WHEREOF, the officers of the respective parties have executed this
Agreement on behalf of their organization the date first above written.
WITNESSES:
_______________________
_______________________
WITNESSES:
_______________________
_______________________
_________________ CORPORATION
By:_________________________________
Title:_______________________________
GRAND STRAND WATER & SEWER
AUTHORITY
By:__________________________________
Title:_______________________________
Appendices July 2009 Grand Strand Water and Sewer Authority
Page 78
Developer Policy Manual