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<br />this resolution or under the Diamond Shamrock/BAS Agree- <br />ment, only to the extent such loss, liability, damage or <br />injury is caused by the negligence or willful act of BAS, <br />whether solely, or concurrently or jointly with others. <br /> <br />(h) BAS 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/BAS Agreement, <br />and the use of the City's and/or Authority's sanitary <br />sewerage systems. <br /> <br />(i) In the event that BAS, 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/BAS Agreement, BAS shall notify the City thereof <br />in writing. In such event, and in the further event that <br />BAS proposes to reconvey said Treatment Capacity Rights <br />to Diamo~d Shamrock, BAS shall first apply to the City <br />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, BAS, <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 BAS <br /> <br />of the acknowledgment 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 Nateo. <br /> <br />* <br /> <br />* <br /> <br />* <br /> <br />Passed and adopted by the Council of the City of Redwood City <br />a t a regular meeting thereof held on the 15th day of December <br />19~, by the following vote: --- <br /> <br />Ayes, and in favor of the passage and adoption of the foregoing <br />resolution, Councilmen Leipzig, Rhodes, Stangel and Mayor Biagi <br /> <br />Noes, Councilmen Bri tschgi , <br /> <br /> <br />Absent, Councilmen None <br /> <br />Attest: <br /> <br />City Clerk <br /> <br />-5- <br />