13-PARIS GENERATION LP (PGEN) WATER SERVICE AGREEMENT

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i. Definitions and Interpretation Definitions. Capitalized terms used, but not otherwise defined, in this Agreement, unless the context indicates otherwise, shall have the meanings below: A_qreemeni: means this Agreement and any future amendments. Actua/ Dav Demand: means the actual daily water used. Annual Demand Char_qe: means the fixed annual payment amount to be paid in twelve equal installments for each Rate Year. Cost of Service Studv: means that study performed annually pursuant to paragraph 8.7 of this Agreement. D� means a 24-hour period from 12:00 midnight to 11:59 p.m. Excess Demand: means the difference between the estimated daily maximum water use and the actual daily maximum water used. Excess Demand CharQe: means the charge assessed to PGEN for exceeding the Estimated Day Demand initially established in paragraph 8.4 of this Agreement, and as declared by PGEN as provided in paragraph 8.6 of this Agreement during subsequent Rate Years. Estimated Dav Demand: means the estimated daily maximum water use initially established in paragraph 8.4 of this Agreement, and as declared by PGEN as provided in paragraph 8.6 of this Agreement during subsequent Rate Years. Initia/ Period: means the period commencing on June 1, 2013 and ending at midnight on May 31 of the following year. Month: means a calendar month. Option Water means up to an additional Two Hundred Eighiy Million gallons (280 MG) of water volume above the Contracted Firm Water, which, combined, may total up to Five Hundred Million (500 MG) of water per Rate Year. Rate Year: means the period beginning June 1 of the current year and ending May 31 of each following year until this Agreement expires or is terminated by PGEN giving CITY ninety (90) days advanced written notice thereof. Reservation Rate: means the rate of ten cents ($0.10) per One Thousand (1000) gallons of water to be applied each Rate Year to PGEN's designated volume of the Option Water. 2 � �