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entity providing water. Attached hereto as Exhibit B is a fee schedule showing the estimated first year costs for providing water service to the Premises. 4, Should a mortgagee, who has perfected a lien on the Premises prior to the effective date of this Agreement, commence a foreclosure action which by its terms could terminate this Agreement, the Town, adjoining municipality or any entity providing water to the Applicants may terminate the terms and conditions of this Agreement and said water service, unless the mortgagee in question subordinates the lien of its mortgage to the terms and conditions of this Agreement. 5. Should the Town, municipality, or entity providing water determine, in its sole discretion, that a suspension or termination of water service is necessary to protect other properties within the Town or adjoining municipality, then the Town, such municipality or such entity that provides water service to the Premises may terminate or temporarily suspend water service to the Premises without incurring any liability for any damages or losses which may result from such termination or suspension of water service. 6. Unless otherwise specifically agreed in writing, all improvements to be constructed by the Applicants to facilitate the delivery of water service to the Premises will be constructed upon the Premises by Applicants and will be owned and serviced by the Applicants. 7. This Agreement shall be binding on the heirs, assignees and legal representatives of the Applicants and, as previously indicated shall constitute covenanis running with the land which will be binding upon alll subsequent owner of the Premises. IN WITNESS WHEREOF, the Town has caused this Agreement to be signed on behalf of the Town, or if appropriate, an independent water district of the Town, by the Supervisor of the Town duly authorized pursuant to a resolution of the Town Board, and the Applicants caused this Agreement to be signed as of the day and year first above written. TOWN OF AURORA APPLICANT By: Charles D. Snyder, Supervisor Nathan Kalwicki