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. ~ ~ Page 13 of 15 <br />heren,'and such default or breach is not cured wi hn <br />ninety (90) days of Owner's, or Owner's Proposed Assignee's, <br />receipt of written notice from City, City :may utilize <br />all remedies at law and equity including specific performance <br />or may terminate this Agreement,. provided, however, in <br />..the .:case of a..default not reasonably curable and which. <br />default is not caused by a willful or negligent action <br />or omission of Owner or Owner's Proposed Assignee, within <br />said period, City may not terminate provided Owner, or <br />its Proposed Assignee is diligently proceeding to cure <br />said default; <br />i. Owner and City acknowledge that sewer service <br />charges. for all users of the sewer capacity resulting from <br />the expansion of the LAVWts1A and DSRSD facilities `provided <br />for herein are to be determined by the. City's Sewer <br />Ordinance contained in.Title II, Chapter 8, Article I of <br />the Pleasanton municipal code or its amendment. Said <br />sewer service charges shall be based on Section 2-15.03 <br />of. said ordinance, subsections (4}(a)2 and {4)(a)3, as <br />applicable,. which subsections use as at least one element <br />in setting charges the actual water use fornon-irrigation <br />purposes. <br />-J. The parties hereto agree to indemnify and hold <br />.harmless the other party from any claim of action. arising <br />I by reason of theother party's negligence or alleged <br />negligence related to the .fulfilling of its obligations <br />under .this Agreement; <br />K. Owner shall cause this Agreement, or an abstract <br />of same acceptable to City to be recorded.. with the Alameda <br />-13- <br />