13-PARIS GENERATION LP (PGEN) WATER SERVICE AGREEMENT

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8.12 In addition to the rates set forth above, each Rate Year, PGEN shall pay to CITY an amount equal to Twenty-Eight Thousand Dollars ($28,000) (the "Option Water Reservation Rate") to reserve its rights to the Option Water. The Option Water Reservation Rate shall be paid in finrelve (12) equal monthly installments in an amount equal to Two Thousand Three Hundred Thirty Three Dollars and Thirty Three Cents (US$2,333.33) per installment payment. IX. Pavment of Charqes 9.1 Rates under Article VIII of this Agreement, for PGEN'S water consumption, shall be billed by CITY on a monthly basis with such billing being rendered on or about the same day each month. PGEN'S monthly payment shall consist of the volumetric charge for actual water plus one-twelfth (1/12) of the Annual Demand Charge, plus one-twelfth (1/12) of the Annual Option Water charge plus any additional amount due as calculated under Article VII of this Agreement. In the event PGEN shall fail to make any payment required by this Agreement within thirty (30) days following the date the applicable invoice is delivered to PGEN by CITY, CITY may suspend water service authorized by this Agreement after providing PGEN'S five (5) business days' written notice of its intention to suspend the water service. It is agreed that this paragraph shall supersede Sections 34-29 and 34-30 of the Code of Ordinances of the City of Paris, Texas to the extent that they concern water service, as well as any other Code of Ordinance provisions with which it may conflict. X. Miscellaneous Provisions 10.1 It is agreed that in the event and to the extent that fire, explosion, accident, war, Act of God or the public enemy or any natural disaster prevenis the performance of either Party, such Party shall be relieved of the consequences thereof, and there shall be no liability for payment on the part of PGEN or for failure to deliver potable water on the part of CITY, notwithstanding any other provision of this Agreement, so long as and to the extent that perFormance is prevented by such cause; provided, however, that the Parties shall use all due diligence in their efforts to resume performance at the earliest practical time. 10.2 The Parties agree that this Agreement shall be subject to Article IV, Chapter 34 of the Code of Ordinances of the City of Paris, Texas, dealing with Drought Contingencies, or any other similar provisions as the same shall be adopted by CITY dealing with water conservation, water curtailment, or drought contingencies unless otherwise provided for within this Agreement. 10.3 This Agreement shall be effective June 1, 2013 and remain in effect for a period of three (3) years, hereinafter "Initial Term". Thereafter, a new water service contract will be negotiated, provided this Agreement shall remain in full force � _ 5 r�