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<br />to tne Diamond Shamrock/D.K. Agreement shall not accrue
<br />and be effective until the Operative Date of Authority's
<br />Treatment Plant.
<br />
<br />(d) In accordance with the provisions of paragraph 3(c) of
<br />the City/Diamond Shamrock Agreement, upon connection or
<br />connections of the Subject Lands to the sanitary
<br />sewerage collection system of the City, all right, title,
<br />interest in and to, and ownership of, the capacity rights
<br />conveyed under the Diamond Shamrock/D.K. Agreement shall,
<br />as separate such rights, be extinguished, and the right
<br />of D.K., or its successors or assi9ns, to use such
<br />sanitary sewerage capacity shall be no different than
<br />that of any other similarly situated user of the City's
<br />sanitary sewerage system irrespective of the funding of
<br />such sanitary sewerage treatment capacity, and all rights,
<br />title, interest, and ownership in and to such capacity rights
<br />shall be deemed merged with all such rights, title,
<br />interest, and ownerhsip of the City, and the capacity
<br />rights so merged shall become a part of the total
<br />allocation of capacity rights to the City.
<br />
<br />(e) Connection of the Subject Lands or any portion thereof,
<br />to the City's sanitary sewerage collection system and use
<br />of the treatment capacity rights conveyed under the
<br />Diamond Shamrock/D.K. Agreement, or any portion thereof,
<br />shall not be made until D.K. 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 activities
<br />and operations of the lands referenced in the City/Diamond
<br />Shamrock Agreement is less than the total allocation of
<br />grant eligible and non-grant eligible capacity allocated
<br />and sold to Diamond Shamrock pursuant to said Agreement,
<br />minus all amounts sold and conveyed by Diamond Shamrock
<br />pursuant thereto, such that by use with respect to
<br />the Subject Lands of the Treatment Capacity Rights
<br />conveyed by the Diamond Shamrock/D.K. Agreement, Diamond
<br />Shamrock's consumption and use of tneatment capacity
<br />shall not-exceed its remaining amount of capacity rights.
<br />
<br />(f) D.K. shall not assign,. transfer, allocate, or
<br />otherwise convey the Treatment Capacity Rights sold and
<br />conveyed to it pursuant to the Diamond Sharnrock/D.K.
<br />Agreement; provided, however, that nothing herein shall
<br />prevent the reversion or reconveyance thereof to Diamond
<br />Shamrock in the event D.K. is unable to, or otherwise,
<br />does not utilize said capacity rights as in the Diamond
<br />Shamrock/D.K. Agreement or hereunder provided and permitted;
<br />nor does the prohibition herein contained limit the use.
<br />or allocation of said capacity rights for or upon the
<br />Subject Lands.
<br />
<br />(g) D.K. shall, and hereby does, release and hold the City,
<br />its Council, boards, commissions, officers, employees and
<br />ag~nts, and Authority, its governing Commission, officers,
<br />employees and agents, harmless, and shall indemnify the
<br />same, from any and all loss, liability, damage or injury
<br />(including attorneys fees and costs) arising out of
<br />or in any way relating to exercise of D.K. 's rights under
<br />
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