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may purchase existing City sewer capacity as may be available <br />and unallocated at the time, not to exceed 100,000 GPD. The <br />City may grant such application at its sole discretion provided <br />that Fronnn's allocation of capacity pursuant to paragraph 1.t <br />of this agreement shall be reduced by the amount of capacity <br />then purchased and the surcharge required by paragraph 2.5 for <br />such capacity is paid. In no event shall an application for <br />such capacity be greater than the amount of capacity needed for <br />structures for which building permit applications have been made. <br /> <br /> III. GENERAL PROVISIONS <br /> <br /> 3.1 No Title to Improvements. Fromm acknowledges <br /> <br />that the terms and conditions contained in this agreement do <br />not grant or convey title or interest to Fronun to any improvements, <br />or public facilities which may be constructed with funds derived <br />from Fromm. <br /> <br /> 3.2 Attorney's Fees. In the event that either Fromm or <br />City breach this agreement and the other is forced to incur any <br />expenses, or to pay any attorney's fees or court costs to enforce <br />this agreement, the party in breach agrees to reimburse the <br />prevailing party for such expenses, fees, or costs within thirty <br />(30) days after receiving written notice of the same from said <br />party. <br /> <br /> 3.3 Amendment or Waiver. This agreement may be <br /> <br />further amended only by written agreement between the parties <br />hereto. Failure on the part of either party to enforce any <br />provisions of this agreement shall not be construed as a waiver <br />of the right to compel enforcement of such provision or provisions, <br /> <br /> <br />