Res 2014-020/Supplemental Electric Service Agreement with Texas State University for the purpose of modifying the definition of “Delivery Point” to accommodate underground Electric Facilities

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FIRST AMENDMENT TO CITY OF SAN MARCOS, TX SAN MARCOS ELECTRIC UTILITY SUPPLEMENTAL ELECTRIC SERVICE AGREEMENT DATED THE 201h day of May, 1993 This First Amendment to Supplemental Electric Service Agreement ( "Amendment ") is dated effective as of February 18, 2014 ( "Effective Date "), and is entered into by and between Texas State University ( "University "), an agency and institution of higher education authorized under the laws of the State of Texas, and the City of San Marcos, a municipal corporation ( "City "). University and City now desire to amend the terms of the Agreement as more particularly set forth below: 1. Article I, Definitions is hereby amended and restated in its entirety and shall hereafter be and read as follows: "Delivery Point" refers to the point of electrical interconnection between the facilities of the City and the facilities of the Customer designated by the City as the "Main Campus" or "Cogeneration" delivery point. The delivery point includes the new Downtown Electrical service to Texas State University which includes two new 800 Amp primary electric circuits from the Loop 82 and San Marcos substations to a point next to the south campus chill plant on university property off N LBJ Street just north of University drive. 2. Except as provided in this Amendment, all terms used in this Amendment that are not otherwise defined shall have the respective meanings ascribed to such terms in the Agreement. 3. This Amendment embodies the entire agreement between University and City with respect to the amendment of the Agreement. In the event of any conflict or inconsistency between the provisions of the Agreement and this Amendment, the provisions of this Amendment shall control and govern. 4. Except as specifically modified and amended herein, all of the terms, provisions, requirements and specifications contained in the Agreement remain in full force and effect. Except as otherwise expressly provided herein, the parties do not intend to, and the execution of this Amendment shall not, in any manner impair the Agreement, the purpose of this Amendment being simply to amend and ratify the Agreement, as hereby amended and ratified, and to confirm and carry forward the Agreement, as hereby amended, in full force and effect. 5. THIS AMENDMENT SHALL BE CONSTRUED AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS. IN WITNESS WHEREOF, University and City have executed and delivered this Amendment effective as of the Effective Date. Page 1 of 2