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sewer l~ne o~ lines within the Easement Property without the <br /> express prior written consent of Philip Morris. <br /> <br /> 4. The use of the sewer line or lines within the Ease- <br /> ment Property and the use of the Existing Sewer Line shall <br /> be governed by the regular rules of Board as the operator of <br /> such lines. In planning the use of the sewer line or lines <br /> within the Easement Property and the use of the Existing <br /> <br /> Sewer Line, the parties hereto have contemplated that the <br /> Existing Sewer Line's capacity is adequate for the us~ by <br /> Philip Morris up to a maximum volume of 300,000 gallons per <br /> day of waste water effluent. Philip Morris agrees, however, <br /> that the use of the Existing Sewer ~ine by Philip Morris <br /> through connection with the new sewer' line or lines within <br /> the Easement Property will not be a~lowed to preempt the use <br /> of the Existing Sewer Line either by (i) County, with respect <br /> to i{s currently ekisting and future owned facilities located <br /> in the area of the intersection of Cabarrus Avenue West with <br /> the Highway 601 Bypass, or (ii) those specific individual <br /> customers presently having the right to tap on to such <br /> <br />' Existing Sewer Line pursuant Go the Lease Agreement between <br /> County and Board dated January 21, 1977-. <br /> <br /> 5. Board, as the continuing operator of the Existing <br />Sewer Liqe, shall regularly monitor and regulate the ~se of <br />such line together with the use of the new sewer line or <br />lin~s within the Easement Property to coordinate the flow of <br />the various users and avoid preempting the capacity of such <br />lines by Philip Morris. The Board shall noti'fy Philip <br />b~orris as soon as possible if its use of the sewer lines, <br />both peak and regular flows, is approaching capacity for the <br />lines. The Board shall also notify Philip Morris of any <br />anticipated additional use by County or'its permitted ind~vidual~. <br />The Board shall continue to accept waste wa~er effluent from <br />both such lines for Board's sewage treatment facilities. <br />Philip Morris shall be entitled to the use of all such sewer <br /> <br /> <br />