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Page 13 of 15 <br /> <br />herein, <br />ninety <br />receipt <br /> <br /> and such default or breach is not cured within <br /> <br />(90) days of Owner's, or 0wner's Proposed Assignee's, <br />of written notice from City, City may utilize <br /> <br />all remedies at law and equity including specific performance <br />or may terminate this Agreement, provided, however, in <br />the case of a default not reasonably curable and which <br />default is not caused by a willful or negligent action <br />or omission of Owner or Owner's Proposed Assignee, within <br />said period, City may not terminate provided Owner, or <br />its Proposed Assignee is diligently proceeding to cure <br />said default; <br /> <br /> i. Owner and City acknowledge that sewer service <br />charges for all users of the sewer capacity resulting from <br />the expansion of the LAV~®~ and DSRSD facilities provided <br />for herein are to be determined by the City's Sewer <br />Ordinance contained in Title ti, Chapter 8, Article I of <br />the Pleasanton municipal code or its amendment. Said <br />sewer service charges shall be based on Section 2-15.03 <br />of said ordinance, subsections (4)(a)2 and (4)(a)3, as <br />applicable, which subsections use as at least one element <br />in setting charges the actual water use for non-irrigation <br />purposes. <br /> <br /> J. The parties hereto agree to indemnify and hold <br />harmless the other party from any claim of action arising <br />by reason of the other party's negligence or alleged <br />negligence related to the fulfilling of its obligations <br />under this Agreement; <br /> <br /> K. Owner shall cause this Agreement, or an abstract <br /> <br />of same acceptable to City to be recorded with the Alameda <br /> <br /> -13- <br /> <br /> <br />