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for any subsequent day. The Treated Water shall be delivered in a consistent delivery pressure <br /> range,at a flow rate of up to 1,042 gallons per minute per day,unless otherwise agreed by CLSUD <br /> and SMTXU. Higher flow rates may be allowed by SMTXU, in its sole and absolute discretion, <br /> if not detrimental to operations, service pressures, or flows in the SMTXU water distribution <br /> system. The unit of measurement for all Treated Water delivered hereunder shall be 1,000 gallons <br /> of water,U.S. Standard Liquid Measure. SMTXU does not guarantee the delivery of the quantities <br /> of Treated Water under this paragraph and its obligation to supply Treated Water hereunder is <br /> subject to Section 4.02 or any other limitations on SMTXU's ability or obligation to supply water <br /> as may be provided in this Agreement. <br /> Section 1.02. Additional Quantities of Water. CLSUD may request to purchase, and <br /> SMTXU may supply additional quantities of Treated Water in excess of the Maximum Daily <br /> Quantity subject to availability and capacity of SMTXU's water distribution facilities as <br /> determined by SMTXU, in its sole and absolute discretion. SMTXU, may, but is in no manner <br /> obligated to, supply all or any portion of such additional amounts of Treated Water requested. <br /> Section 1.03. Other Users of SMTXU Water Distribution and Treatment Facilities. <br /> SMTXU will endeavor to ensure that any connections made to the SWTP and/or its water <br /> distribution facilities to serve other users are equipped and operated in such a way that SMTXU is <br /> able to comply with its supply obligations to CLSUD under this Agreement. CLSUD shall have <br /> no recourse against SMTXU in the event of a circumstance set forth in Section 4.02 which reduces <br /> available Treated Water below the Maximum Daily Quantity. SMTXU shall not reduce SMTXU's <br /> Treated Water supply to CLSUD under this Agreement by a percentage greater than reduced for <br /> any other wholesale purchaser of water from SMTXU supplied from the same pressure plane. <br /> Section 1.04. Point of Delivery. The Treated Water will be delivered at such point of <br /> delivery(the"Point of Delivery")as shown in Exhibit A,generally located at the southeast corner <br /> of the intersection of Texas State Highway 21 and William Pettis Road in Hays County. The <br /> parties may mutually agree in writing to designate a new Point of Delivery or other future points <br /> of delivery. <br /> Section 1.05. Quality of Water to be Supplied. SMTXU agrees that the Treated Water <br /> supplied under this Agreement will be of the same quality as potable water made available by <br /> SMTXU within all areas covered by its Certificate of Convenience and Necessity(the"Delivered <br /> Water Quality"). CLSUD shall be solely responsible for improving or otherwise altering the <br /> Delivered Water Quality to meet any inconsistent standards it deems suitable for its needs. <br /> Section 1.06. Operation and Maintenance of Facilities. This Agreement is subject to <br /> the requirements for the operation and maintenance of all existing facilities, equipment, meters, <br /> pipelines and connections necessary for the delivery of Treated Water from SMTXU to CLSUD. <br /> CLSUD is responsible for any new construction or installation of additional facilities, equipment, <br /> meters, pipelines or connections necessary to receive the Treated Water from SMTXU, as <br /> indicated in Exhibits A and B, attached hereto. <br /> Article 2. Payments for Treated Water and Other Terms of Supply <br /> 2 <br /> Version 2024.06.04 <br />