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(1) That the Owner of the Property is <br />entitled to and is the Owner of 188 Property Sewer <br />Permits. <br /> <br /> (2) That the Property Sewer Permits are <br />fully paid as to connection to the regional plant and <br />no additional charge will be imposed as a condition to <br />connection to the sewer system pursuant to such Sewer <br />Permits, except as follows: <br /> <br /> (i) that Owner shall still be <br /> subject to the City of Pleasanton sewer surcharge <br /> fee with respect to such permits. <br /> <br /> (ii) Should a court find other than <br /> as set forth in this subsection, Owner agrees to <br /> pay the amount deemed appropriate by the court. <br /> <br /> (3) That the Property Sewer Permits are <br />transferable to a purchaser of all or a portion of the <br />Property. The Property Sewer Permits are also <br />transferable to Parcel 1 and/or Parcel C at anytime, <br />provided that such transfer shall not prevent the <br />expiration of such permits in accordance with the <br />schedules set forth in this Amended Agreement. Sewer <br />Permits may also be transferred from Parcel C to <br />Property, but only under the following conditions: <br /> <br /> 7 <br /> <br /> <br />