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V <br /> above after the first year or portion thereof . Equal quarterly <br /> payments of such in-lieu fees shall commence upon the full <br /> execution of this Agreement and shall terminate upon the <br /> annexation of the Assignment Property to the City. <br /> (b) Urban Management Plan Participation. K&L and <br /> Safeway shall participate in the City ' s urban growth management <br /> plan process. Within five (5) days of the Effective Date of this <br /> Agreement, K&L shall contribute an amount equal to Fifty-One <br /> Thousand Nine Hundred Eighty--One Dollars ( $51, 981) and Safeway <br /> shall contribute an amount equal to Seven Thousand Nine Hundred <br /> Thirty Dollars ($7, 930) to such project. <br /> S . Reservation of Future Capacity. <br /> (a) Additional Discharge Rights. In the event K&L <br /> and/or Safeway acquire additional rights to discharge wastewater <br /> into the City' s municipal sewage treatment system from any <br /> source, and capacity to serve such additional amount is available <br /> in any of the Corral Hollow Line, the Hansen Line or the <br /> Alternative Means, the City shall provide Sewage Services for <br /> such additional capacity on the same terms as are generally <br /> applicable to other similar users of the system. Provision of <br /> such services shall be limited to and for the benefit of the <br /> Property or the Assignment Property only and shall require K&L <br /> and/or Safeway (and/or their successors and assigns) to pay all <br /> connection fees , capital charges and perform other similar <br /> obligations of general application in effect at such time. <br /> (b) General Application. Upon any expansion of the <br /> Plant by the City, K&L and/or Safeway shall be entitled to apply <br /> for additional rights to discharge wastewater from the Property <br /> or the Assignment Property into the City ' s municipal sewage <br /> treatment system on the same basis and on the same terms and <br /> conditions as are applicable to all other applicants for such <br /> additional discharge rights. <br /> 9 . Obligations are Separate. After K&L and Safeway' s <br /> performance of their construction and capital improvement funding <br /> obligations set forth in this Agreement, the City agrees that <br /> unless K&L or Safeway (or their successors and assigns) are in <br /> default of their respective obligations under this Agreement, <br /> each such party shall be entitled to all the rights and benefits <br /> set forth herein. Any default by either K&L or Safeway (or their <br /> successors and assigns) shall have no impact or effect upon the <br /> rights and benefits of the other parties, so long as such other <br /> parties fully perform their obligations under this Agreement. <br /> 10. Effect of Legal Challenge. In the event any legal <br /> action is brought or threatened by any third party in connection <br /> with the services or projects contemplated by this Agreement <br /> before the date (the "Initial Service ,Date") on which sewer and <br /> sb\mhw\watersup.agr 13 <br />