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(d) Right of Assignee to Enforce. Upon <br />assignment of any portion of Capacity by Developer to an <br />Assignee, Assignee shall have the right to enforce the <br />obligations of City under the Amendment and this Exhibit B to <br />the extent such obligations directly relate to the portion of <br />the Property which is transferred to Assignee and to said <br />portion of the Capacity which is likewise so assigned. <br />Assignee shall have no rights of enforcement against City <br />relating to an Excessive Assignment. <br /> <br /> (e) No Assiqnment in Excess of Capacity. <br />Developer shall not assign Treatment Capacity in excess of the <br />Capacity, (such an excessive assignment is referred to herein <br />as an "Excessive Assignment"), unless so authorized by the City <br />pursuant to Section 2.02(c) or (d) of this Exhibit B. City <br />shall not be liable, responsible or obligated to provide an <br />Assignee with Treatment Capacity which is in fact an Excessive <br />Assignment. Nothing in the Amendment (including this <br /> <br />Exhibit B) shall be construed to limit the authority of City to <br />allocate Treatment Capacity to Developer or an Assignee in <br />excess of the Capacity. <br /> <br /> Section 3.02. Restrictions On Allocations. To assist <br />in making Capacity available and to monitor the Capacity <br />allocated to Developer and its Assignees, City shall not <br />allocate to an Assignee, in building permits, sewer permits or <br />otherwise, Treatment Capacity in an amount in excess of the <br />amount of the Capacity so assigned to Assignee, or for use on <br />any land other than the land within the Property to which <br />Developer so assigned the Capacity. <br /> <br /> 9 <br />7.0/0597F. 007/051093/14123-006 <br /> <br /> <br />