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<br /> ( 2) Refuse and abstain from marketing or <br /> servicing of any of the other party's <br /> presently existing customers or those <br /> authorized to be serviced by the preceding <br /> paragraph numþer one (1). <br /> ( 3) Notify, within ten (10) days of receipt, <br /> the other party hereto of any application to <br /> service any customers within the dual <br /> certified service area which would require any <br /> extension, addition or substantial <br /> modification of the presently existing water <br /> lines to serve the requested customer or <br /> customers so applying, or which would call for <br /> service of customers within the dual certified <br /> service area in an area not presently being <br /> served by either of the parties hereto. <br /> Nothing herein should be construed to prohibit <br /> upgrading, modifications, changes, or <br /> additions necessary for the maintaining and <br /> improving service to the present customers or <br /> customers authorized by this agreement to be <br /> serviced by either party. <br /> ( 4) Not interfere with, stop or otherwise <br /> attempt to prohibit the other party from <br /> entering into or performing under such <br /> contracts or agreements for water service with <br /> developers or customers within the dual <br /> certified service area, after such developer <br /> or customer has announced its decision as to <br /> which water provider would be providing the <br /> service, so long as such contracts or <br /> agreements are otherwise in compliance with <br /> the terms of this agreement. <br /> ( 5) Authorize the other party to propose, bid, <br /> negotiate, and otherwise make any offer of <br /> service to any person or developer, not <br /> presently being serviced, who inquires about <br /> proposed water service, within the dual <br /> certified service area, so long as such party <br /> is complying with the terms of this agreement. <br /> (6) Agree to dismiss the appeal filed in Cause <br /> No. 412,746, styled Crystal Clear Water Supply <br /> Corporation vs. Texas Water Commission in the <br /> 53rd District Court of Travis County, Texas, <br /> and request approval by the Texas Water <br /> Commission of this agreement. <br /> -2- <br />