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city. <br /> <br />ing, <br /> <br />Property on a first-come, first-served basis, or <br />terms and conditions then existing for acquiring <br /> <br /> (e) Prudential's Access to Additional Capa- <br /> <br /> Prudential may apply for and utilize any exist- <br /> <br />uncommitted City sewage capacity for the Prudential <br /> on the <br /> such <br /> <br />capacity from City, <br /> <br /> (i) <br /> <br /> allocation of <br /> city; <br /> <br /> (ii) <br /> <br />in the following circumstances: <br />Allocation of Enfire Capacity. Upon <br />the entire Existing Prudential Capa- <br /> <br />No Available Capacity During Three <br /> <br />(3) Year Period. If, within three (3) years of the <br />date of execution of this Second Amended Agreement, <br />there is no remaining Existing Prudential Capacity <br />available to Prudential due to (a) at least Two <br />Hundred Fifty Thousand (250,000) gallons of the <br />Existing Prudential Capacity having been allocated <br />by City to Prudential and its Assignees, and <br /> <br />(b) all remaining Existing Prudential capacity, not <br />to exceed Fifty Thousand (50,000) gallons, having <br />been assigned to Unaffiliated Assignees for use on <br />the Prudential Property; <br /> <br /> (iii) No Available Capacity During Next <br />Three (3) Years. If, between three (3) and six (6) <br />years after the date of execution of this Second <br />Amended Agreement, there is no remaining Existing <br />Prudential Capacity available to Prudential due to <br /> <br />22, <br /> K234-20-A/Sep08 <br /> <br /> <br />