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<br />"Original Capacity" shall mean that Treatment Capacity <br />necessary to develop fully (buildout) the Property pursuant to <br />the Phase III PUD. More specifically, under the existing <br />"coefficient" criteria used to determine the neceSsary <br />Treatment Capacity per land use (e.g., commercial, office, <br />etc.), the Original Capacity shall mean 168,000 gallons <br />, <br />(763.64 RDEs) of Treatmeht Capacity. The Original Capacity is <br />reserved to Developer and its Assignees through Section C of <br />the Amendment and implemented through this Exhibit B. The <br />Original Capacity shall ?nly be reduced pursuant to Section <br />2.02(b) of this Exhibit B. Once reduced, the Original Capacity <br />remaining after such red1.1ction shall be known as the "Remaining <br />Capacity." If the Remaihing Capacity is increased pursuant to <br />Section 2.02(c) of this Exhibit B, it shall be known as the <br />"Increased Remaining capacity." The original Capacity, the <br />Remaining Capacity and the Increased Remaining Capacity shall <br />be collectively referredl' to in this Exhibit B as the <br />"Capacity. " <br /> <br />"Person" shall mean both natural and legal persons, <br />including any unincorporated association Or entity, as the <br />context may require. <br /> <br />"Phase III PUD": shall mean PUD 8l-30-27M/PUD 85-8-9M, <br />processed concurrently with the Amendment. <br /> <br />"Pleasanton Sewerage Code" shall mean the sewerage <br />code of the City, as it may be amended from time to time, or <br />any regulations of any gbvernmental agency succeeding to the <br />I <br />City's role in the colleption, transmission, treatment and <br />disposal of wastewater (sewage) and having jurisdiction over <br />the Property. <br /> <br />3 <br /> <br />7.0/0S97F.007/0S1093/14123-006 <br />