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policy ~'ith respect to any additional sewer capacity <br />required by Owner or successor until all 234 Sewer Permits <br />have either expired or been allocated to improvements which <br />are the subject of building permits (whether or not such <br />buildings have been constructed). <br /> <br /> 4. Mitigation. Agreement. owner agrees to <br /> <br />execute an agreement for participation in assessment <br />district, or other like funding mechanisms for providing <br />facilities to meet the needs generated by new development <br />for fire protection, dcmestic water and traffic mitigation, <br />which agreement shall be on terms and conditions similar to <br />such agreements executed by other property owners in the <br />North Pleasanton area. <br /> <br /> 5. Hold Harmless. <br /> <br /> (a) Owner agrees that the City will not be <br /> <br />liable to Owner for consequential damages in the event the <br />City is unable to fulfill its obligations pursuant to this <br />Agreement for reasons beyond its reasonable control. <br /> <br /> (b) In the event of any litigation by any <br /> <br />third party relating to the validity of this Agreement, <br />Qwner agrees to hold harmless, defend and indemnify the <br />City. Owner's obligation to indemnify City pursuant to this <br />Paragraph shall not exceed Two Hundred Fifty Thousand <br />Dollars ($250,000.00). City agrees to cooperate with Owner <br />as necessary to the defense of any such litigation. Owner <br /> <br /> -8- <br /> <br /> <br />