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<br />SECOND AMENDMENT TO AMENDED AND RESTATED <br />W ASTEW A TER TREATMENT SERVICES CONTRACT <br /> <br />This Second Amendment to Amended and Restated Wastewater Treatment Services <br />Contract (this "Second Amendment") is made and entered into on May 16,2007 (the <br />"Effective Date") between Hays Energy Limited Partnership, a Delaware limited partnership <br />("Hays Energy") and the City of San Marcos, Texas (the "City"), a Texas municipal corporation. <br /> <br />WITNESSETH <br /> <br />WHEREAS, the City and Hays Energy entered into the Amended and Restated <br />Wastewater Treatment Services Contract on July 11,2000 ("Wastewater Agreement"); and <br /> <br />WHEREAS, the City and Hays Energy desire to amend the Wastewater Agreement in <br />certain respects; <br /> <br />NOW, THEREFORE, in consideration of the foregoing and the following mutual <br />promises, covenants, benefits and agreements contained herein, the City and Hays Energy agree <br />as follows: <br /> <br />1. Definitions and Interpretation. Unless otherwise defined herein or the context <br />otherwise requires, terms defined and the rules of interpretation contained in the Wastewater <br />Agreement shall apply to this Second Amendment. <br /> <br />2. Amendments. With effect from the date of this Second Amendment, the Wastewater <br />Agreement is amended as follows: <br /> <br />A. Section 2.01 is amended in its entirety as follows (underlining indicates added <br />text and o','erstriking indicates deleted text): <br /> <br />Section 2.01. Payments. <br /> <br />A. Hays Energy will pay to the City $5.00 per 1.000 gallons the applieable rate <br />for wastewater for the Routine Treatment of the Wastewater, plus any applicable <br />surcharges due under the City's industrial wastewater discharge regulations, at the City's <br />billing offices in San Marcos, Texas, within twenty-five days after receipt of the itemized <br />statement each month. This rate will change proportionately as changes are made by the <br />City in the residential retail wastewater volume charge. <br /> <br />B. Hays Energy will pay to the City the amounts of all federal, state, and local <br />taxes, fees, and charges that may be applicable to the provision of wastewater treatment <br />services under this Contract. <br /> <br />C. In addition to any other amounts payable by Hays Energy, Hays Energy will <br />