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DocuSign Envelope ID: F5C73C42-8DB0-4400-9F23-71E5885223CO <br />Charges remitted to Maxwell from the Residential Area. Within thirty (30) days of receiving this <br />report after the tenth anniversary of the Effective Date, the City shall pay Maxwell any <br />remaining Compensation. Once the minimum amount of Up -Front Charges of $314,609.00 (plus <br />interest provided herein as applicable) is received by Maxwell, Maxwell will release the City <br />from any compensation owed under this Settlement Agreement, Sections 13.254 or 13.255 of the <br />Texas Water Code, P.U.C. Sub. R. 24.113 or 24.110, and other applicable law for decertification <br />or service to the Decertified Area. After such release, Maxwell is entitled to continue collecting <br />the rates, fees, and charges associated with service to the Residential Area in the amounts <br />authorized by the Settlement Agreement. In the event that the Charge Limitation is not formally <br />adopted and/ or effectuated prior to the Charge Limitation Deadline so that CCN Amendment <br />will not apply and the Residential Area will remain as part of the Decertified Area, then the <br />Compensation shall be paid by the City to Maxwell as provided in Section 13.254 of the Texas <br />Water Code. <br />h. Maxwell shall continue to own and possess all of its facilities and <br />improvements located on or adjacent to or necessary for service to the Decertified Area, <br />including the Residential Area and shall not transfer any such facilities or improvements to any <br />future provider of service to the Decertified Area. Developer or any subsequent developer or <br />landowner of the Residential Area shall be responsible only for the cost of any additional <br />infrastructure internal to the Residential Area necessary to provide retail water service to the <br />Residential Area. <br />L Maxwell shall provide the City with monthly water billing data by account <br />for Maxwell customers in the Residential Area for purposes of the City generating accurate <br />wastewater billings. Maxwell further agrees that it will promptly disconnect water service to any <br />Maxwell customer in the Residential Area in order to enforce non-payment of wastewater <br />charges upon the written request of the City in accordance with the requirements of PUC Rule <br />24.88. The Parties agree that this Settlement Agreement constitutes an agreement pursuant to <br />PUC Rule 24.88, Subsection (e); however, the Parties also agree that it may be beneficial at <br />some point in time to enter into a separate such agreement if new or additional terms become <br />necessary for the Parties to satisfactorily accomplish the goals of this provision. <br />j. Maxwell agrees to not protest any CCN application requested by the City <br />that is necessary or appropriate for the City to provide retail water service to the Development <br />excepting the Residential Area provided that the City is not in violation of this Settlement <br />Agreement at the time any CCN application is filed by the City. <br />k. If (i) Maxwell is unable to provide water service to the Residential Area <br />pursuant to the terms and conditions of this Settlement Agreement because it does not have <br />adequate water capacity, (ii) the Charge Limitation is not implemented as provided above, or (iii) <br />the PUC fails to recertify the Residential Area to be within Maxwell's CCN, then the CCN <br />Amendment shall not apply or be required and Section II.l.a above shall be of no further force or <br />effect, but the other terms of this Settlement Agreement shall remain in full force and effect, the <br />Residential Area shall not be included within Maxwell's CCN and shall be part of the <br />Decertified Area, all of the terms of this Settlement Agreement that establish any rights or <br />privileges to Maxwell with respect to the Residential Area shall no longer be of any force or <br />