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<br />132. <br /> <br />AMENDED AND RESTATED <br />W ASTEW A TER TREATMENT SERVICES CONTRACT <br /> <br />THE STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br />~ <br />S <br />* <br /> <br />This Amended and Restated Wastewater Treatment Services Contract (the "Contract") is made and <br />entered into on July 11,2000 (the "Effective Date") between Hays Energy Limited Partnership, a <br />Delaware limited partnership ("Hays Energy") and the City of San Marcos, Texas (the "City"), a <br />Texas municipal corporation. <br /> <br />WITNESSETH <br /> <br />WHEREAS, Hays Energy is developing an electric generating facility (the "Facility") in Hays <br />County, Texas that requires wastewater treatment services; and <br /> <br />WHEREAS, the City owns and operates a wastewater treatment plant (the "Treatment Plant") with <br />a capacity capable of providing to Hays Energy the wastewater treatment services described in this <br />Contract; and <br /> <br />WHEREAS, the City desires to provide, and Hays Energy desires to obtain, the wastewater treatment <br />services under the terms and conditions specified in this Contract; <br /> <br />WHEREAS, the Seller and the Buyer entered into a Wastewater Treatment Services Contract dated <br />June 29,1999 (the "Original Contract"); and <br /> <br />WHEREAS, the Seller and the Buyer desire to amend the Original Contract in certain respects; <br /> <br />NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, <br />covenants, benefits and agreements contained herein, the City and Hays Energy agree as follows: <br /> <br />Article 1. Provision of Wastewater Treatment by the City. <br /> <br />Section 1.01. Services to be Provided. The City agrees to provide to Hays Energy, and Hays <br />Energy agrees to obtain from the City, wastewater treatment services for wastewater (the <br />"Wastewater") produced at the Facility when the Facility's zero liquid discharge equipment is not <br />in operation. The treatment services will consist of those processes (the "Routine Treatment") <br />required at the City's River Road Wastewater Treatment Plant (the "Treatment Plant") to comply <br />with all applicable permit requirements. <br /> <br />1 <br />