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section, such needed Treatment Capacity is referred to as <br />"Buildout Capacity") and shall do the following: <br /> <br /> (A) If the Buildout Capacity is less <br />than the Remaining Capacity, Developer shall continue to have <br />rights to, and City shall continue to reserve, the Remaining <br />Capacity. <br /> <br /> (B) If the Buildout Capacity is more <br />than the Remaining Capacity and sufficient City Treatment <br />Capacity is available and uncommitted, the Remaining Capacity <br />shall be increased to reflect the difference between the <br />Remaining Capacity and the Buildout Capacity (also referred to <br />as the "Increased Remaining Capacity"). Thereafter, Developer <br />and its Assignees shall have a right to the Increased Remaining <br />Capacity, and City shall reserve such Increased Remaining <br />Capacity, pursuant to Section 2.02(a) of this Exhibit B. <br /> <br /> (d) Access to Additional Wastewater Capacity. <br />Developer may apply for, secure and utilize any existing, <br />uncommitted City Treatment Capacity for use on the Property <br />only pursuant to Section 2.02(c) of this Exhibit B; and, after <br />the Capacity is Exhausted, on a first-come, first-served basis, <br />or on the terms and conditions then existing for acquiring such <br />Treatment Capacity from City. <br /> <br /> Section 2.03. Use of Capacity. The Capacity shall be <br />utilized by Developer and/or its Assignees only on the <br />Property, for any uses allowed on the Property. <br /> <br /> 7 <br />7.0/0597F. 007/051093/14123-006 <br /> <br /> <br />