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<br />STATE OF TEXAS <br /> <br />~ <br />~ <br />~ <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />COUNTY OF LAMAR <br /> <br />WATER SERVICE CONTRACT <br /> <br />WHEREAS, the City of Paris and Tenaska III Texas Partners have previously entered into <br />an Agreement dated March 13, 1989 (the Original Water Service Contract) whereby the CITY would <br />sell and supply and the PARTNERSHIP would receive and pay for potable water for use at the <br />PARTNERSHIP'S co-generation plant (the "Plant") located within the city limits of the City of <br />Paris; and, <br /> <br />WHEREAS, the aforesaid Original Water Service Contract, since its original approval, has <br />been amended and extended, the latest such extension dated August 8, 2005; and, <br /> <br />WHEREAS, the CITY and the PARTNERSHIP desire to enter into an entirely new Water <br />Service Contract to replace the aforesaid Original Water Service Contract, including the most recent <br />extension thereof, the purpose of said new Water Service Contract to more accurately reflect the <br />needs and demands of PARTNERSHIP for a supply of water and to implement a revised <br />methodology for assessing rates charged to PARTNERSHIP for receipt of said water; and, <br /> <br />WHEREAS, the CITY and the PARTNERSHIP agree that a new Water Service Contract, <br />as the same is embodied herein is in the best interest of the respective parties. <br /> <br />This Agreement, made and entered into this 12th day of December, 2005, and executed in <br />multiple originals, each executed copy constituting an original, by and between the City of Paris, a <br />municipal corporation of Lamar County, Texas, hereinafter referred to as CITY and Tenaska III <br />Texas Partners, a Texas General Partnership, with its principal place of business located at 301 Lake <br />Crook Road, Lamar County, Texas, hereinafter referred to as PARTNERSHIP, WITNESSETH: <br /> <br />I. <br /> <br />Service to be furnished <br /> <br />1.1 The CITY agrees to furnish and PARTNERSHIP agrees to purchase and take a supply of <br />water in accordance with the terms and conditions hereof. Said supply of water shall be taken <br />through an existing service by means of a 4-inch ISCO Magnetic Flow Tube, which includes a flow <br />versus time recording device and a pressure versus time recording device connected to the CITY'S <br />33-inch potable water transmission line approximately 2.2 miles south of CITY'S Water Treatment <br />Plant. Should PARTNERSHIP request that the meter herein described be replaced by a substitute <br />meter, such replacement meter and all costs for the installation of the same shall be borne by <br />PARTNERSHIP. If the meter herein described, or any replacement meter, shall by CITY be deemed <br />to need replacement or repair, then the cost of such shall be borne equally by CITY and <br />PARTNERSHIP. In either case, such meter replacement shall be accomplished without amendment <br />to this Agreement by giving notice of the manufacturer's name, model and meter number of the new <br /> <br />Tenaska III Water Service Contract - Page 1 <br /> <br />T- <br /> <br />..__. "--r <br />