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of a Memorandum of Assignment and Assumption of Sewage <br />Capacity ("Memorandum of Assignment"), in the form <br />attached hereto as Exhibit 10, to utilize the portion <br /> <br /> in connection with the use of the Prudential <br /> <br />assigned <br /> <br />Property. <br /> <br /> (b) Assignments Pursuant to Transfers. <br />Prudential shall have the right to assign all or any <br />portion of the Existing Prudential Capacit~ to any <br />person who acquires an interest (as an owner, lessee, <br />optionees, secured party or creditor) in the Prudential <br />Property. The assignment shall be evidenced by delivery <br />to the Assignee of an Assignment of Sewage Capacity and <br />a Memorandum of Assignment. <br /> <br /> (c) Maximum Aggregate Assignments. Unless <br />otherwise agreed in writing by City and Prudential, <br />Prudential shall not assign capacity in excess of the <br />Existing Prudential Capacity. Nothing in this Second <br />Amended Agreement shall be construed to limit the <br />authority of City to allocate sewage capacity to Pru- <br />dential in excess of the Existing Prudential Capacity. <br /> <br /> (d) Reduction of Existing Prudential Capacity <br />Upon Assignment. As of the date of an assignment of <br />sewage capacity by Prudential to an Assignee pursuant to <br />an Assignment of Sewage Capacity and a Memorandum of <br />Assignment, the Existing Prudential Capacity shall be <br />reduced by the amount of sewage capacity assigned. <br /> <br />25. <br /> K234-20-A/Sep08 <br /> <br /> <br />