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allocations) other than on a first-come, first-served <br />basis. Any application by Prudential or CPP for additional <br />sewage capacity shall be in accordance with City's general <br />ordinances, policy resolutions, the Pleasanton Sewerage <br />Code, and all procedures generally required for such appli- <br />cations. <br /> <br /> 16. Failure of City to Allocate Capacity. If, <br />upon proper application and payment of applicable processing <br />fees by Prudential or an Assignee, City fails to allocate <br />sewage capacity to Prudential or the Assignee despite the <br />fact that City has not allocated to Prudential and Assignees <br />sewage capacity which, in aggregate, is equal to the lesser <br />of three-fifths (3/5ths) of City's share of the actual DSRSD <br />Expansion Capacity or three-fifths (3/5ths) of City's share <br />of the actual LAVWMA Expansion Capacity, Prudential and, if <br />appropriate, the Assignees, shall have the right to utilize <br />all remedies, at law and equity, including, but not limited <br />to, 'specific performance, to enforce City's obligations to <br />allocate such capacity and to recover damages for City's <br />failure to allocate. If City allocates sewage capacity to <br />Prudential and Assignees which, in aggregate, equals the <br />lesser of three-fifths (3/5ths) of the actual DSRSD Expan- <br />sion Capacity or three-fifths (3/5ths) of City's share of <br />the actual LAVWMA Expansion Capacity, but is less than Three <br />Hundred Thousand (300,000) gallons average day dry weather <br />flow, Prudential shall be entitled to receive from City, not <br /> <br />K234-20 -A/Sep08 <br /> <br /> <br />