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<br />101 . <br /> <br />6-28-99 <br /> <br />WASTEWATER TREATMENT SERVICES CONTRACT <br /> <br />THE STATE OF TEXAS <br /> <br />s <br />s <br />s <br /> <br />COUNTY OF HAYS <br /> <br />This Wastewater Treatment Services Contract (the "Contract") is made and entered into on <br />.::J~ 1..'1 ( , 1999 (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 />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. The treatment services will consist of the utilization of the <br />City's disinfection and aeration processes (the "Routine Treatment") at the City's River Road <br />Wastewater Treatment Plant (the "Treatment Plant") unless the City determines under Section 1.04 <br />that a different treatment and disposal process should be used. <br /> <br />Section 1.02. Metering Equipment. Hays Energy will obtain, install and convey to the City <br />metering equipment and devices which meet standard City specifications for measuring within a <br />tolerance of2% (the "Accuracy Tolerance") the quantity of Wastewater delivered to the point (the <br />"Transfer Point") where the transmission pipeline for the Wastewater crosses the property line of the <br />site of the Facility, together with devices and equipment of standard type for the proposed <br />application to limit, measure, and record the rate of flow at the Transfer Point, to prevent the <br /> <br />1 <br />