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(c) above, then Properties shall be entitled to obtain additional <br />sewer capacity from the City pursuant to its policies then in <br />effect with respect to the allocation of sewer capacity, to the <br />extent that same shall be available from time to time and subject <br />To payment by the user thereof of then applicable connection fees <br />under the Pleasanton Sewerage Code. No additional connection <br />fees shall be payable by Properties or any assignee to the City <br />in respect of any portion of the Original Capacity. The foregoing <br />shall not restrict the right of the City to charge to Properties <br />or any such assignee non-discriminatory user charges on a periodic <br />basis in accordance with the Pleasanton Sewerage Code in respect <br />of any improvements to which any of the Original Capacity shall <br />have b~en assigned. <br /> <br /> 4. Excess Discharges; Additional Capacity. <br /> <br /> (a) The Pleasanton Sewerage Code provides for the <br /> <br />monitoring of actual sewer discharges into the City sewers by <br />users thereof. If, in violation of the Pleasanton Sewerage Code, <br />an~ assignee from Properties or Stoneridge Peripheral of any <br />mortion of the Original Capacity shall discharge into Citv sewers <br />an amoun~ in excess of the amount of discharge capacity so allocated, <br />the City shall retain all enforcemen~ rights as set forth in the <br />Pleasanton Sewerage Code, but the City shall not have the right <br />to reduce or charge against, or otherwise limit or immair the <br />full utilization by other users of, the Remaining Capacity by the <br />amount of any such excess discharge. <br /> <br /> (b) Owners of any portion of the Peripheral Land and <br />owners or land lessees of any major department store in the <br /> <br />-11- <br /> <br /> <br />