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E . City shall notify County of actual or impending in - 101 .i ._ <br /> fractions of the , foregoing limitations and , if necessary , will eI, i <br /> f , <br /> take appropriate legal action to obtain compliance . In the <br /> `' event that wastewater as discharged by County to the Regional C . 4' <br /> :: System in noncompliance with this Agreement . is determined to be <br /> the proximate cause of failure of the Regional System to meetell <br /> State or Federal requirements , County may - be held responsible <br /> for the cost of the defense thereof and for penalties and damages <br /> or settlement . ' <br /> 4jr : i <br /> ( SECTION 12 . CAPACITY SERVICE <br /> A . Authorization to connect facilities to the Regional •; s <br /> ; ;System shall be contingent on the ; system having capacity available , = <br /> eto accommodate . the proposed connection . <br /> B . Residential <br /> Determination of capacity availability shall be <br /> based on design standards included in the Standard Specifications <br /> i <br /> adopted by the City of Stockton . <br /> C . Commercial and Industrial <br /> Determination of capacity availability shall be <br /> ascertained from metered water records , or in the absence of such <br /> records , shall be based on records of - similar operations in other <br /> communities , <br /> i <br /> SECTION 13 . REVISION OF CAPACITY <br /> A . Any change in land use which is likely to increase <br /> the quantity or change the quality of source wastewater at any <br /> user connection , or any new use , shall be subject to the permit <br /> provisions of County . Such County fees and charges within the <br /> 14 <br />