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. • • • 1 refund shall in no event exceed the sum of Sixty-one Thousand Six 2 Hundred Sixty-six Dollars and Eighty-four Cents ($61,666.#4). 3 ARTICLE III 4 It is mutually agreed: 5 1. The Company shall not be obligated to pay to the 6 Subdivider any sum or sums whatsoever at any time while the title 7 of the Company in and to the water mains indicated by yellow lines 8 on said Exhibit A and red lines on said Exhibit B is encumbered, 9 burdened or affected b y any liens or encumbrances whatsoever, filed, 10 claimed or asserted by any person or persons whomsoever, other than 11 liens and encumbrances created by the Company. During the period of 12 existence of any such lien or encumbrance, whether justifiable or . 13 otherwise, the obligations of the Company to refund to the Subdi- 14 vider sums of money in accordance with the provisions of Para- 15 graph 2, Article II hereof, shall be suspended until the Subdivider 16 shall have secured and delivered to the Company releases or satis- 17 factions in forms satisfactory to the Company of all such liens or 18 encumbrances. 19 2. From and after the date of delivery by the Subdi- 20 vider to the Company of a bill-of-sale for all of said water mains 21 indicated by yellow lines and red lines as hereinabove provided, 22 said water mains shall be and remain the property of the Company. 23 3. This agreement shall inure to the benefit of and be 24 binding upon the successors and assigns of the respective parties 25 hereto. 26 IN WITNESS WHEREOF,the parties hereto have executed this 5. A-3 8