07-I Tenaska III Water Service Contract

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9.4 No officer, official or agent of the CITY has the power to amend, modify or alter this Agreement or waive any of its conditions or to bind the CITY by making any promise or representation not contained herein. 9.5 No officer, official or agent of the PARTNERSHIP has the power to amend, modify or alter this Agreement or waive any of its conditions or to bind the PARTNERSHIP by making any promise or representation not contained herein. 9.6 This Agreement, except by operation oflaw, shall not be assigned or transferred by either party, without the prior written consent of the other party; which consent shall not be unreasonably withheld; provided, however, that PARTNERSHIP shall have the right to pledge or mortgage its rights hereunder as security for its indebtedness without approval of the CITY. 9.7 The CITY will not be responsible in damages for any interruption or failure to supply water (subject to those limitations set out herein) and shall be saved and held harmless from all damage of any kind, nature and description which may arise as a result of making this Agreement and furnishing water hereunder, except where the CITY has the ability to supply the water (subject to those limitations set out herein) and refuses so to do, or where the CITY has failed to abide by any of its obligations under this Agreement. 9.8 Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person (including reputable overnight courier service), or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: TENASKA III TEXAS PARTNERS CITY Plant Manager Tenaska III Texas Partners 301 Lake Crook Road Paris, TX 75460 City Manager City of Paris P.O. Box 9037 Paris, TX 75461-9037 With a copy to: Managing General Partner Tenaska III Texas Partners 407 North ll7th Street Omaha, NE 68154 With a copy to: City Clerk City of Paris P.O. Box 9037 Paris, TX 75461-9037 9.9 If any term or provision of this Agreement shall be declared unconstitutional or void by any court of competent jurisdiction, the constitutionality and validity of the remainder of said Agreement shall not be affected thereby, and to this end the terms and provisions of said Agreement are declared to be severable. Tenaska 1I1 Water Service Contract - Page 8 T- --~~r