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<br />ARTICLE 3. <br /> <br />ASSIGNMENT/ALLOCATION <br /> <br />Section 3.01. Riqht to Assiqn. <br /> <br />Property. <br />portion of <br /> <br />(a) Capacity Utilized In Connection with <br />Prudential shall have the right to assign any <br />the Capacity to: <br /> <br />(1) Any Person who will have an interest in <br />I <br />the Property (as an owner' lessee, optionee, secured party or <br />creditor); and, <br /> <br />(2) Any Person who agrees, pUrsuant to an <br />Assignment of Sewage Capacity, to utilize the portion of the <br />Capacity so assigned in fonnection with said Person's use of <br />said portion of the property. <br /> <br />(b) Riqht to Reacquire. Developer shall have <br />the right to provide in ;an Assignment of sewer Capacity that <br />Developer shall have the right to reacquire, by reversion, <br />repurchase or other means (collectively "Reacquire"), all or <br />any portion of the capacity that Developer so assigned and <br />conveyed to an Assignee 'if such capacity is not allocated by <br />City within a specified period of time or is allocated by City <br />but proves to be in excess of the amount of Treatment Capacity <br />needed or used by the Assignee. If Developer elects to so <br />Reacquire, upon notice to City of same, the Capacity shall be <br />increased by the amount so Reacquired. <br /> <br />(c) Release of Obliqations. Upon Developer's <br />assignment of Capacity to Assignees, as evidenced by <br />Assignments of Sewage Capacity, Developer shall be released <br />from all further obliga~ions to City with respect to the <br />, <br />obligations so assigned ito the Assignees. <br /> <br />8 <br /> <br />7.0/0S97F.007/0S1093/141Z3-006 <br />