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<br /> -?t;.4 £ <br />transpo::-ted to San t.farcos by pipeline. San Marcos shall not be <br />obligated to pay for the use of any "';3 ter ".¡hich because of the <br />".¡ilful acts or negligence of GBRA, its representatives, agents <br />and employees, is rendered untreatab2.e by San Marcos' water <br />treatment plant of standard design and capability for '..;aters of <br />the Guadalupe River as established by the appropriate <br />governmental authority for the reach of. the Guadalupe River in <br />"v'hich the Point of Diversion is located. To the extent such <br />untreatable water prevents San l-farcos f::-om using the full amount <br />of. Hater delivered, """ payment due for the Annual Commitment <br /> lone <br />shall be reduced proportionately. <br /> L. [vlod; fication of Contract. The proyisions of this <br /> <br />Contract may be modified or altered only by w::-itten agreement of <br />the parties. <br /> tv!. ReGulato::-v AGenc-;es. This Contract is subject to CA- <br /> <br />18-2074-3 and to such la-",'s, rules, a~d regulations as may be <br />applicable to -'-" Contract and as may be applicable to ::-ights to <br /> lonlS <br />use wate::- in the State of Texas. G3R_~ ar;d San ,':a::-cos agree to <br />coope::::-ate with each othe::::- to obtain e.::.y pe::-mi ts, app::-ovals or <br />other authorizatio::.s as may be ::::-equi.::::-ed to comply there;,.¡ith. <br /> ~. AssiGnment. San :--:a::::-cos may not assign this Contract to <br /> <br />pa::-ties other tha" those holding mortge.ges on San ~'¡arcos' Hater <br />supply system without the prior 'dri tte:ì consent of GaRA. Any <br />successo::::- or assig:1 of GaRA shall s1..:cceed to the rights and <br />obligations of GaRA hereunde::-. <br /> O. Caotions. All titles of the J..' of this Contract <br /> SeClolOnS <br />have been inserted for convenience of reference only and are not <br /> PAGE 9 OF 14 OF EXHIBIT 1 <br /> 9 <br />