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<br />106. <br /> <br />FIRST AMENDMENT TO AMENDED AND RESTATED <br />RETAIL WATERSUPPLY·CONTRACT <br /> <br />This First Amendment to Amended and Restated Retail Water Supply Contract (this "First <br />Amendment") is made and entered into on T111 y ?7, 700ft (the "Effective Date") between <br />Hays Energy Limited Partnership, a Delaware limited partnership (the "Buyer") and the City of <br />San Marcos, Texas (the "Seller"). <br /> <br />WITNESSETH <br /> <br />WHEREAS, the Seller and the Buyer entered into the Amended and Restated Retail Water <br />Supply Agreement dated July 11,2000 (the "Water Supply Contract"); and <br /> <br />WHEREAS, the Seller and the Buyer desire to amend the Water Supply Contract in certain <br />respects; and <br /> <br />NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, <br />covenants, benefits and agreements contained herein, the Seller and the Buyer agree as follows: <br /> <br />Article 1. General Provisions. <br /> <br />Section 1.01. Definitions and Interpretation. Unless otherwise defined herein or the context <br />otherwise requires, terms defined and the rules of interpretation contained in the Water Supply <br />Contract shall apply to this FirstAmendment. <br /> <br />Article 2. Amendments. <br /> <br />Section 2.01. With effect from the date ofthis First Amendmertt, the Water Supply Contract is <br />amended as follows: <br /> <br />(a) Section 1.01 is amended in its entirety to read as follows: <br /> <br />"Section 1.01. Quantity of Water to be Supplied. The Seller agrees to provide to the <br />Buyer, and the Buyer agrees to purchase from the Seller, Reclaimed Water as requested by the <br />Buyer. The Seller agrees to guarantee a minimum availability of an average of 2,000,000 <br />1,500,000 gallons per day (the "Base Quantity") in any given month, and the Seller agrees to <br />provide to the Buyer up to a maximum of 3,600,000 2,600,000 gallons per day (the "Maximum <br />Quantity"), of Reclaimed Water produced each day at the Treatment Plant for use in the Facility <br />for operating purposes. The actual quantity of Reclaimed Water delivered each day will be based <br />on the quantity of Reclaimed Water required to maintain the Buyer's 2,200,000 gallon reclaimed <br />water tank at 60% to 95% of the capacity of such tank each day. The Reclaimed Water will be <br />delivered at a location (the "Point of Delivery") to be designated by mutual agreement ofthe <br /> <br />1 <br />