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c) above, then Properties shall be entitled to obtain additional <br />sewer capacity from the City pursuant to its policies then in <br />effect with respect to the allocation of sewer capacity, tothe <br />extent that same shall be available from time to time and subject <br />topayment by the user thereof of then applicable connection fees <br />under the Pleasanton Sewerage Code. No additional connection <br />fees shall be payable by Properties or any assignee to the City <br />in respect of any portion of the Original Capacity. The foregoing <br />shall not restrict the right of the City to charge to Properties <br />or any such assignee non - discriminatory user charges on aperiodic <br />basis in accordance with the Pleasanton Sewerage Code in respect <br />ofany improvements to which any of the Original Capacity shall <br />have been assigned. <br />4. Excess Discharges; Additional Capacity. <br />a) The Pleasanton Sewerage Code provides for the <br />monitoring of actual sewer discharges into the City sewers by <br />users thereof. If, inviolation of the Pleasanton Sewerage Code, <br />any assignee from Properties or Stoneridge Peripheral of any <br />portion of the Original Capacity shall discharge into City sewers <br />anamount in excess of the amount of discharge capacity so allocated, <br />the City shall retain all enforcement rights as set forth in the <br />Pleasanton Sewerage Code, but the City shall not have the right <br />to reduce or charge against, or otherwise limit or impair the <br />full utilization by other users of, the Remaining Capacity by the <br />amount of any such excess discharge. <br />b) Owners of any portion of the Peripheral Land and <br />owners or land lessees of any major department store in the