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the "first come, first served" provisions of the Pleasanton <br />Sewerage Code or other City policy then in effect. Inconnection <br />with the initial development of the Remaining Parcel, the owner /developer <br />of the Remaining Parcel shall be permitted to apply for such <br />additional needed sewer discharge capacity, provided that such <br />owner /developer shall have obtained all rec,uisite City approvals <br />in connection therewith. <br />c) In the event that any portion of the Remaining <br />Capacity shall not have been made the subject of a sewer connection <br />permit on or before December 31, 1994, then Properties shall <br />relinquish and forfeit same to the City for reallocation to other <br />users pursuant to the then provisions of the Pleasanton Sewerage <br />Code; provided, however, that the foregoing date shall be extended <br />inthe event that any governmental action, governmental moratorium <br />or any judicial proceeding shall prevent Properties' planned <br />development of the Center on the date of expiration of Properties' <br />entitlement to the Remaining Capacity. Such extension of time <br />shall expire 90 days following the termination of such governmental <br />action, governmental moratorium or judicial_ proceeding which <br />previously prevented development of the Center. UDOT1 relinquishment <br />of anv portion of the Remaining Capacity so unutilized, the City <br />shall not be obligated to refund to Properties any monies previously <br />paid to the City in respect of the original purchase thereof or <br />pursuant to Paragraph 1(c) above. <br />d) When the entire Remaining Capacity shall have been <br />allocated to improvements within the Center (or the Remaining <br />Parcel) which are the subject of sewer connection permits, and /or <br />shall have been forfeited to the City pursuant to subparagraph <br />10-