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reduced by the amount of sewage capacity (i) allocated <br />to Prudential by City for buildings owned by Prudential <br />as of the date the sewage capacity is allocated by City <br />and (ii) assigned by Prudential to Assignees, pursuant <br />to Section 10, as of the date of receipt by the City of <br />the Memorandum of Assignment and Assumption. <br /> <br /> (c) Use of Existing Prudential Capacity. <br />Except as provided in Section 8(d), the Existing Pruden- <br />tial Capacity shall only be utilized for industrial and <br />non-retail commercial purposes. <br /> <br /> (d) Hotel, Restaurant, and Retail Exceptions <br />to Use of Existing Prudential CapacitV. Prudential, or <br />its Assignees, may apply for sewage capacity for hotel, <br />restaurant, and retail uses within the Prudential Prop- <br /> <br />erty on a first-come, first-served <br />then-existing terms and conditions <br />mitted sewage capacity from City. <br /> <br />basis or under the <br />for acquiring uncom- <br />In the alternative, <br /> <br />at Prudential's election, the Existing Prudential Capa- <br />city may be used for primary hotel, restaurant and other <br />non-retail commercial uses; provided, however, in no <br />event may the Existing Prudential Capacity be used for <br />primary retail uses. The Existing Prudential Capacity <br />shall be utilized for ancillary restaurant or retail <br />uses (e.g., a cafeteria in an office building) if the <br />Existing Prudential Capacity is utilized for the primary <br />use. <br /> <br />K234-20-A/Sep08 <br /> <br /> <br />