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(39) Residential Discharge Equivalents (i.e., Existing <br /> CPP Capacity) for use on the Initial CPP Property. <br /> <br /> (__) Residential Discharge Equivalents <br />of the Existing CPP Capacity have been allocated to <br /> <br />Lot 17, as shown on Exhibit 6. The remainder of the CPP <br /> <br />Capacity (i.e., ( ) Residential <br /> <br />Discharge Equivalents) is available for use on Lots 16, <br />17 and 34, as shown on Exhibit <br /> <br /> (b) Existing, Uncommitted City Sewage Capa- <br />city. CPP may apply for and utilize any existing, <br />uncommitted City sewage capacity for the CPP Property on <br />a first-come, first-served basis or on the terms and <br />conditions then existing for acquiring such capacity <br />from City. <br /> <br /> 10. Prudential's Right to Assign. <br /> <br /> (a) Capacity Utilized Only In Connection With <br /> <br />Prudential Property. Except as otherwise agreed in <br />writing by Prudential and City, the Existing Prudential <br />Capacity shall be utilized only in connection with the <br />Prudential Property. Prudential shall not have the <br />right to assign any portion of the Existing Prudential <br />Capacity to any person who will not have an interest in <br />the Prudential Property (as an owner, lessee, optionee, <br />secured party or creditor) and who will not agree, <br />pursuant to an Assignment of Sewage Capacity, in the <br />form attached hereto as Exhibit 9, and the recordation <br /> <br />K234-20-A/Sep08 <br /> <br /> <br />