2005-030-ORD APPROVING/AUTHORIZING AGREEMENT FOR STREET LIGHTING SERVICE BY AND FOR COP

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- .-: AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN TXU ELECTRIC DELIVERY COMPANY AND City of Paris The City of Paris, Texas, a Municipal Corporation ("Customer"), and TXU Electric Delivery Company, a Texas corporation ("Company"), for and in consideration of the mutual covenants set forth in this Agreement for Street Lighting Service (the "Agreemenf'), agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall have the meanings indicated: a. "Company's Tariff' shall mean the Company's approved Tariff for Retail Delivery Service, as may be revised from time to time during the term of this Agreement, on file with the Public Utility Commission of Texas; b. Customer shall be the "Retail Customer" as such term is used in Company's Tariff. Co' "Facility" or "Facilities" shall mean the electrical facilities or equipment, including but not limited to, pole(s), luminaire(s), wires, and appurtenances, owned by Company or Customer, through which Company will provide service to Customer pursuant to this Agreement. 2. Term and Termination. Consistent with the requirements of section 6.1.1.6 - Lighting Service of Company's Tariff, this Agreement shall be effective as of the _ day of ,2005 , and, unless terminated early in accordance with the terms of this Agreement, shall remain in effect for an initial term often (10) years and from year to year thereafter until canceled by either party consistent with the terms of this Agreement. After the expiration of the initial ten year term, this Agreement may be terminated by either party upon ninety (90) days written notice to the other party. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated at any time under the following conditions. (a) If Company begins installation of any requested Facilities prior to receiving full payment of any contribution-in-aid-of-construction provided for in section 6.1.1.6 - Lighting Service of Company's Tariff or any subsequently approved similar provision, from Customer or Customer's agent or representative ("Customer's Agent") as appropriate, and Customer or Customer's Agent thereafter fails to make such payment in full, then: (i) Company may immediately terminate this Agreement by providing written notice of such termination to Customer, (ii) Company may remove all such Facilities, and (iii) Customer shall pay Company all cost incurred by Company in removing such Facilities, less the salvage value of such Facilities, within 30 days of Company's removal of the subject Facilities. , (b) If Customer discontinues taking electric service from Customer's designated competitive retailer at Facilities, for purposes other than to allow the Customer to begin receiving service from another competitive retailer at such Facilities, then: (i) Company may immediately terminate this Agreement by providing written notice of such termination to Customer, (ii) Company may remove all such Facilities owned by Company, and (iii) Customer shall pay Company all cost incurred by Company in removing such Facilities, less the salvage value of such Facilities, within 30 days of Company's removal of the subject Facilities. (c) If Customer purchases Facilities owned by Company. 3. Contribution-In-Aid-Of-Construction. Section 6.1.1.6 - Lighting Service of Company's Tariff provides for the installation or construction by Company of a base level of Facilities with no contribution-in-aid-of- construction required from Customer. For example, Schedule A provides for the installation or construction of wood poles of a type normally used by Company served overhead without the payment of contribution-in-aid-of- construction by Customer. Schedule B provides for the installation or construction of steel or other ornamental poles of a type normally used by Company served overhead without the payment of a contribution-in-aid-of- construction, but requires the payment of a higher monthly charge by Customer. Requested Facilities that exceed such base level require a contribution-in-aid-of-construction to be paid by Customer to Company. Company will AGREEMENT FOR STREET LIGHTING, P. 2 OF 5