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I letters of credit delivered by K&L and Safewayursuant Paragraph 4 (d) below are still held by the cityP to , the Cit draw against such letters of credit to fund constructionyofhthe Alternative Means and such draws shall be made in accordance with the provisions of Paragraph 4 (d) . The City acknowledges and agrees that the maximum contribution required of K&L and Safeway with respect to the design and construction of the Alternative Means and/or the Hansen Line (whether drawn from the letters of credit or paid by K&L or Safewa equal to Four Million Dollars Y) shall be an aggregate amount ($4 , 000, 000) less the Credit. acknowiedgebandAagreemthataK&LAnr� ert . The parties ownssevent hundredths percent (72 . 261) (the "K&L Percentage") twenty-six Discharge Rights and that Safeway owns twentyPercentage") of the four hundredths percent (27. 74%) (the "Safeway sPerceeven nta e") of the Discharge Rights, and that 'the Discharge Rights are gheld oby K&L and Safeway in connection with the contemplated development Of the Property. Subject to retention for the benefit of the Property of a minimum wastewater disposal capacity as required by the applicable City ordinance in effect at the time of assignment, which the parties acknowledge and agree is currently an amount equal to one thousand three hundred seventy-five (1,375) gallons per day per acre, either K&L or Safeway may assign all or a portion of its interest in the Discharge Rights to the owners or users of (or -the successors in interest of either K&L or Safeway to) the Property or the Assignment Property. Such assignment shall be completed b y deverof written notice to the City by the current holder of la portion of the Discharge Rights identifying the transferee of the interest (who shall be anowner or user of the Property or the Assignment Property) and setting forth: (i) the exact number of gallons per day of wastewater disposal capacity and related characteristics of waste strength so assigned to pay the Dischar e , (ii) the portion of the obligation g Rights capital charge delegated to such assignee, and (iii) the written assumption b its obligations to pay its Y such assignee of pa connection fees, sewage use feesand ss.imiilar charges ofareneral application. In the event such assignment is to a purchaser of a fee interest in a portion of the Property or the Assignment Property, such instrument shall be in recordable form and shall be recorded upon transfer of title to such assignee. No assignment by a party which is in default of its obligation under this Agreement shall be permitted. The Assignment Property consists of approximately three hundred seventy-eight (378) acres and is owned by K&L (or its affiliates) and Safeway, and is more particularly described on Exhibit B attached hereto. successors (or as gns) shacosts.h K&L and Safeway (or their- provided to such parties b ay for the Sewage Services Y the City in accordance with the sb\mhw\watersup.agr 5