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11 - Water Service Agreement with Paris Generation LP
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11 - Water Service Agreement with Paris Generation LP
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X. <br />Miscellaneous Provisions <br />10.1 It is agreed that in the event and to the extent that fire, explosion, accident, war, <br />Act of God orthe public enemy or any natural disasteror other such event beyond the reasonable <br />control of the Parties ("Force Majeure event") prevents the performance of either Party, such <br />Party shall be relieved of the consequences thereof, and there shall be no liability for payment <br />on the part of PGEN (including, for clarification, no liability for Make Whole Payments for the <br />portion of the Rate Year in which such Force Majeure event prevents performance ) orfor failure <br />to deliver potable water on the part of CITY, notwithstanding any other provision of this <br />Agreement, so long as and to the extent that performance is prevented by such cause; provided, <br />however, that the Parties shall use all due diligence in their efforts to resume performance at the <br />earliest practical time. <br />10.2 The Parties agree that this Agreement shall be subject to Article IV, Chapter <br />34 of the Code of Ordinances of the City of Paris, Texas, dealing with Drought <br />Contingencies, or any other similar provisions as the same shall be adopted by CITY <br />dealing with water conservation, water curtailment, or drought contingencies unless <br />otherwise provided for within this Agreement. <br />10.3 This Agreement shall be effective June 1, 2022 and remain in effect for a <br />period of five (5) years, hereinafter ("Initial Term"), with an optional five (5) year renewal <br />period. Thereafter, a new water service contract will be negotiated, provided this Agreement <br />shall remain in full force and effect for a period not to exceed twelve (12) additional months or <br />until a new water contract is negotiated by the Parties, whichever event occurs first. If a new <br />water contract is not negotiated by the Parties as provided herein, the rate charged for water <br />shall be as established in CITY'S current rate ordinance for non-residential customers. If the <br />cost of water to PGEN, including the cost for not meeting the minimum consumption <br />requirements in paragraph 7.11, under this Water Service Contract in a Rate Year exceeds <br />the cost to PGEN under the normal tariff rates for a Commercial Class 4 -inch meter, CITY <br />shall reimburse PGEN for such difference. <br />10.4 No officer, official or agent of CITY has the power to amend, modify or alter <br />this Agreement or waive any of its conditions or to bind CITY by making any promise or <br />representation not contained herein. <br />10.5 No officer, official or agent of PGEN has the power to amend, modify or alter <br />this Agreement or waive any of its conditions or to bind PGEN by making any promise or <br />representation not contained herein. <br />10.6 This Agreement, except by operation of law, shall not be assigned or <br />transferred by either Party, without the prior written consent of the other Party; which <br />consent shall not be unreasonably withheld; provided, however, that PGEN shall have <br />the right to pledge or mortgage its rights hereunder as security for its indebtedness without <br />the approval of CITY. <br />10 <br />
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