3176897NJAW Proposal Mark-Up

the Closing Date or until Buyer’s next base rate case, whichever occurs later, at the same volume levels as existed as of the Closing Date.

Section 8.6. SERVICE LINE RESPONSIBILITY. The term “Service Line” shall mean the lateral service line that connects the Wastewater System to a customer’s premise. The Buyer shall be responsible for that portion of the Service Line within any public street right of way or sewer easement, or if there is no public street right of way or sewer easement, that portion of the Service Line that is five feet from the point of connection to the Wastewater System, or to the clean-out, whichever is closer. The customer shall be responsible for maintaining and repairing the remainder of the Service Line.

Section 8.7 POST-CLOSING COOPERATION OF THE BOROUGH. On or after the Closing Date, the Borough shall, on request, cooperate with the Buyer by furnishing any additional information, executing and delivering any additional documents and instruments, including contract assignments or easements, and doing any and all such other things as may be reasonably required by the Parties or their counsel to consummate or otherwise implement the transactions contemplated by this Agreement. Should the Buyer, in its reasonable discretion, determine after the Closing that books, records or other materials constituting acquired assets are still in the possession of the Borough, the Borough shall promptly deliver them to the Buyer at no cost to the Buyer. The Borough hereby agrees to cooperate with the Buyer to ensure a proper transition of all customers with respect to billing and customer service activities.

Section 8.8. RESERVED

Section 8.9. RESERVED.

Section 8.10. BOROUGH PUBLIC WORKS COMMITTEE. The Buyer shall agree to meet at the discretion of the Borough’s Public Works Committee which shall act as an advisory panel for customer service and other Wastewater System related issues.

Section 8.11. PAVING. The Buyer shall temporarily and permanently pave Borough roads in accordance with the Borough’s road opening ordinances and specifications and in coordination with other Borough road construction projects. The Company will provide curb-to-curb pavement restoration for all Company initiated work where the water and wastewater mains in a roadway are replaced in their entirety either between two connecting manholes or between two connecting roadway intersections. Buyer shall evaluate the condition of any wastewater main that falls within the limits of a road reconstruction project initiated by the Borough. Should the Buyer elect to replace or rehabilitate sewer assets, the work would be coordinated with the Borough ahead of the planned road reconstruction project.