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<br />this resolution or under the Diamond Shamrock/D.K. <br />Agreement, only to the extent such loss, liability, <br />damage or injury is caused by the negligence or willful <br />act of D.K., whether solely, or concurrently or jointly <br />with others. <br /> <br />(h) D.K. 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/D.K. Agreement, <br />and the use of the City's and/or Authority's sanitary <br />sewerage systems. <br /> <br />(i) In the event that D.K., for any reason whatsoever, does <br />not use the Treatment Capacity Rights, or any portion <br />thereof, sold and conveyed pursuant to the Diamond <br />Shamrock/D.K. Agreement, D.K. shall notify the City <br />thereof in writing. In such event, and in the further <br />event that D.K. proposes to reconvey said Treatment Capacity <br />Rights to Diamond Shamrock, D.K. shall first apply to <br />the City for its consent thereto. <br /> <br />(j) The conditions herein specified, and" all the terms and <br />conditions of this resolution, shall be, and the same <br />hereby are, binding upon, and inure to the benefit of, <br />the successors and assigns of Diamond Shamrock, D.K., <br />and the City. <br /> <br />(k) The conditions herein specified, and all the terms and <br />conditions of this resolution, shall, and the same hereby <br />do, attach to and run with the Subject Lands. <br /> <br />5. This resolution shall be effective upon its adoption and <br /> <br />shall be operative upon the execution by Diamond Shamrock and D.K. <br /> <br />of the acknowledgement and agreement of each of said parties to the <br /> <br />terms and conditions hereof. <br /> <br />6. The City Clerk shall cause a copy of this resolution, or <br /> <br />a memorandum hereof, to be recorded in the Official Records of <br /> <br />the County of San Mateo. <br /> <br />* <br /> <br />* <br /> <br />* <br /> <br />Passed and adopted by the Council of the City of Redwood City <br />at a regular meeting thereof held on the day of <br />1982, by the following vote: <br /> <br />Ayes, and in favor of the passage and adoption of the following <br />resolution, Councilmen <br /> <br />Noes, Councilmen <br /> <br />Absent, Councilmen <br /> <br />Mayor of the City of Redwood City <br /> <br />Attest: <br /> <br />City Clerk <br /> <br />-5- <br />