13-PARIS GENERATION LP (PGEN) WATER SERVICE AGREEMENT

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10.9 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. 10.10 Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent, partnership, joint venture, landlord and tenant, or any relationship or association whatsoever between CITY and PGEN, other than as expressly set forth herein. 10.11 This Agreement sets forth the entire understanding between the parties, and any other understandings or agreements shall be cancelled and superseded by this Agreement upon the date of execution hereof. None of the terms of this Agreement shall be waived, discharged, altered or modified in any respect, except by an Agreement in writing signed by both parties and specifically referring to this Agreement. The captions in this Agreement are included for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas (without regard to its conflicts or choice of laws principles that could or would cause the application of any other laws). Venue for any state court actions arising hereunder shall lie exclusively in the courts of Lamar County, Texas, and for any federal court action shall lie exclusively in the courts of the Eastern District of Texas. The provisions of this Agreement shall apply to, bind and inure to the benefit of CITY and PGEN, and their respective successors, legal representatives and permitted assigns, if any, and not to any third party. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS 12 59