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buried, erected, or constructed thereon; or drill or operate any well or septic system within such strip, <br />without the express written permission of the GRANTEE. GRANTOR, its successors and /or assigns <br />shall be permitted to tap the line installed pursuant to this right of way agreement upon payment of the <br />line access or tap fees as set forth in the annual schedule of fees and charges adopted by the City Council <br />in conjunction with the annual budget ordinance in effect at the time of payment. After completion of the <br />tap, GRANTOR, his successors, and /or assigns shall pay the service fees for sewer service as set by the <br />City Council from time to time. <br />The GRANTEE shall be solely responsible for the maintenance, repair and replacement of any of <br />its facilities located on GRANTOR's property, until such time as the City of Concord assumes <br />responsibility for the care and maintenance of said facilities. <br />Each of the parties hereto shall protect, defend and hold harmless each of the other from any <br />liability, loss, costs, damages, expenses, fees, liabilities and/or suits or other actions whatsoever <br />(collectively, "Damages ") arising out of or in connection with the acts or omissions of the parties, their <br />respective employees, agents, tenants, invitees, licensees or contractors in their installation, maintenance, <br />repair, replacement or use of the utilities improvements located within Grantor's Property as contemplated <br />herein <br />Upon completion of any installation, maintenance, repair or replacement work as provided for <br />herein, GRANTEE shall, at its own expense, restore the surface of the affected area to reasonably <br />approximate its condition prior to such work being performed. In the event that GRANTEE fails to <br />restore the affected area to such condition, GRANTOR may elect to undertake such restoration and the <br />cost of such restoration shall be the sole responsibility of GRANTEE. <br />In Witness Whereof these presents have been duly executed under seal by the GRANTOR on <br />this the day of 1 2013 . <br />GRANTOR: <br />CABARRUS COUNTY, <br />a Political Subdivision of the State of North Carolina <br />C <br />Printed Name: <br />Title: <br />THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK <br />NOTARY ACKNOWLDGEMENT TO FOLLOW <br />F -6 Page 298 <br />