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<br />DES:djg-c 2/17/84 <br /> <br />Diamond Shamrock/CJICO Agreement, or any portion thereof, <br />shall not be made until CJICO shall have first obtained <br />written notification from Authority, and given written <br />notice to the City thereof, of Authority's certification <br />that (1) the Operative Date of Authority's Treatment <br />Plant has occurred, and (2) the actual treatment capacity <br />demand of Diamond Shamrock's industrial or other <br />activities and operations of the lands referenced in the <br />City/Diamond Shamrock Agreement is less than the total <br />allocation of grant eligible and non-grant eligible <br />capacity allocated and sold to Diamond Shamrock pursuant <br />to said Agreement, minus all amounts sold and conveyed by <br />Diamond Shamrock pursuant thereto, such that by use with <br />respect to the Subject Lands of the Treatment Capacity <br />Rights conveyed by the Diamond Shamrock/CJICO Agreement, <br />Diamond Shamrock's consumption and use of treatment <br />capacity shall not exceed its remaining amount of <br />capacity rights. <br /> <br />(d) CJICO shall not assign, transfer, allocate, or otherwise <br />convey the Treatment Capacity Rights sold and conveyed to <br />it pursuant to the Diamond Shamrock/CJICO Agreement; <br />provided, however, that nothing herein shall prevent the <br />reversion or reconveyance thereof to Diamond Shamrock in <br />the event CJICO is unable to, or otherwise does not <br />utilize said capacity rights as in the Diamond <br />Shamrock/CJICO Agreement or hereunder provided and <br />permitted; nor does the prohibition herein contained <br />limit the use or allocation of said capacity rights for <br />or upon the Subject Lands. <br /> <br />(e) CJICO shall, and hereby does, release and hold the City, <br />its Council, boards, commissions, officers, employees and <br />agents, and Authority, its governing Commission, <br />officers, employees and agents, harmless, and shall <br />indemnify the same, from any and all loss, liability, <br />damage or injury (including attorneys fees and costs) <br />arising out of or in any way relating to exercise of <br />CJICO's rights under this resolution or under the Diamond <br />Shamrock/CJICO Agreement, only to the extent such loss, <br />liability, damage or injury is caused by the negligence <br />or willful act of CJICO, whether solely, or concurrently <br />or jointly with others. <br /> <br />(f) CJICO shall comply with the Water Pollution Control Laws <br />in the use of the treatment capacity rights sold and <br />conveyed to it under the Diamond Shamrock/CJICO <br />Agreement, and the use of the City's and/or Authority's <br />sanitary sewerage systems. <br /> <br />5 <br />