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DES:rg 0''25/95 (111/34)
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<br /> other public entity having jurisdiction over such
<br /> sanitary sewerage system, and the Capacity Rights so
<br /> merged shall become a part of the total allocation of
<br /> Capacity Rights to City, or such other entity owning the
<br /> sanitary sewerage system serving the lands to which such
<br /> connection is made.
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<br />(d) If the Subject Lands are not annexed to the City, the
<br /> Capacity Rights approved for sale hereunder shall not be
<br /> allocated to, or used for the benefit of, the Subject
<br /> Lands; provided, that PSCL may apply to the City for
<br /> consent for the allocation of said Capacity Rights to
<br /> such other lands as PSCL may own, or with respect to
<br /> which PSCL owns a possessory interest, or PSCL may apply
<br /> to the City for consent to the sale, assignment, lease,
<br /> license, or other disposition of said Capacity Rights for
<br /> the allocation and use by others for such property as
<br /> said prospective transferee or transferees may designate
<br /> (other than the Subject Lands), which consent by City
<br /> shall not unreasonably be withheld;
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<br />(e) If the Subject Lands are annexed to the City and the
<br /> right to use the Capacity Rights described herein becomes
<br /> effective pursuant to (b) hereinabove, all of the
<br /> allocation of the Treatment Capacity Rights (i.e., 0.20
<br /> mgd, 4594 lbs/day BOD, and 477 lbs/day TSS) subject
<br /> hereto shall be deemed allocated and committed to the
<br /> Subject Lands upon the issuance of the first sewer
<br /> connection permit or building permit (whichever kind of
<br /> permit is issued first) for sanitary sewerage service to,
<br /> or the construction of a structure or structures on,
<br /> respectively, said Subject Lands, and the remaining such
<br /> Capacity Rights shall not be sold, assigned, leased,
<br /> licensed, or otherwise disposed of by PSCL or its
<br /> successors or assigns with respect to any other lands or
<br /> for the benefit of any other lands than the Subject
<br /> Lands;
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<br />(f) PSCL shall, and hereby does, release and hold City, its
<br /> 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 /> PSCL's rights under this resolution or under the R & H/
<br /> PSCL Agreement, only to the extent such loss, liability,
<br /> damage or injury is caused by the negligence or willful
<br /> act of PSCL, whether solely, or concurrently or jointly
<br /> with others;
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<br />(g) PSCL 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 R & H/PSCL Agreement, and the
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