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ST9905-CN060814Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms Applicable Entire Certified Service Area Page 10 of 23 Effective Date January 1, 2002 Revision Original 6.3.4 Discretionary Service Agreement This Discretionary Service Agreement ("Agreement") is made and entered into this 9th day of August 2006, by TXU Electric Delivery ("TXU Electrlc Dellvery Company" or "Company"), a Texas corporation and distribution utility and the City of Coppell ("Customer"), a municipal corporation each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties" In consideration of the mutual covenants set forth herein the Parties agree as follows 1 Discretionary Services to be Provided -- Company agrees to provide and Customer agrees to pay for the following discretionary services in accordance with this Agreement. This agreement covers the difference in cost for placing new facilities underground instead of overhead on three road crossings at the request of the Citv of Coppell for the Bethel Road Widening Project. Two of the locations are at the intersection of Freeport Pkwy and Bethel Rd and the third crossing is approximately 500 feet East of Freeport Pkwy on Bethel Rd These three crossings will be placed underground and all necessary equipment and labor to facilitate that request are included in the agreement amount. 2. Nature of Service and Company's Retail Delivery Service Tariff -- Any discretionary services covered by this Agreement will be provided by Company and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ("PUCT") Substantive Rules and Company s Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ("Company's Retail Delivery Tariff') During the term of this Agreement, Company is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff 3 Discretionary Service Charges -- Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4 Term and Termination -- This Agreement becomes effective when executed by both parties and continues in effect until final payment is received from the customer Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. 5 No Other Obligations -- This Agreement does not obligate Company to provide, or entitle Customer to receive any service not expressly provided for herein Customer is responsible for making the arrangements necessary for it to receive any further services that it may desire from Company or any third party 6 Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed and enforced in accordance with the laws thereof This Agreement is subject to all valid, applicable federal state and local laws ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction 7 Amendment --This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties But changes to applicable PUCT Substantive Rules and Company s Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 8 Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including all attached Exhibits which are expressly made a part hereof for all purposes constitutes the entire agreement and understanding between the Parties with regard to the service(s) expressly provided for in this Agreement. The Parties are not bound by or liable for any statement. representation promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein This Agreement replaces all prior agreements and undertakings oral or written between the Parties with regard to the subject matter hereof and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 9 Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested postage prepaid, to (a) If to Company TXU Electric Delivery Attn. Richard Brewster Lincoln Plaza 500 N Akard Street Suite LP 14-125 Dallas Texas 75201 Tariff for Retail Delivery Service TXU Electric Delivery Company 6 3 Agreements and Forms Applicable Entire Certified Service Area Page 11 of 23 Effective Date January 1, 2002 Revision Original (b) If to Customer City of Coppell Attn Ken Griffin, P.E. P O Box 9478 Coppell, TX 75019 The above-listed names titles and addresses of either Party may be changed by written notification to the other 10 Invoicing and Payment -Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer City of Coppell Attn Ken Griffin, P.E. P O Box 9478 Coppell TX 75019 If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures Company must receive payment by the due date specified on the invoice If payment is not received by the Company by the due date shown on the invoice a late fee will be calculated and added to the unpaid balance until the entire invoice is paid The late fee will be 5% of the unpaid balance per invoice period. 11 No Waiver -- The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties 12. Taxes -- All present or future federal, state, municipal, or other lawful taxes (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer 13 Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14 Multiple Counterparts -- This Agreement may be executed in two or more counterparts each of which is deemed an original but all constitute one and the same instrument. 15 Other Terms and Conditions -Cost to Customer for the services outlined in this agreement is $138,869 00 Payment is to be made in full, prior to commencement of construction. IN WITNESS WHEREOF the Parties have caused this Agreement to be sign by theif re'p~tive duly authorized representatives TXU ctric Delivery Compan ~,,. James C Chase TITLE Metro Major Design Manager DATE. ~ ~~~~ City of Coppell BY TITLE. '~ I ;,~ l ~` - ! -~Ci l~~c~%y'f DATE. .~r f ~ f ..~ ~ _ 1 From the desk of.. Ken Griffin, P.E. Director of Engineering £~ Public Works "Gig 'em Aggies" Date: ~ ~~~ f ~ Initiated by: ~'; ~ ,r !` ~~UU A ,r,.t fio- b~~ ~ _~ ~ ~ u55 ~ ~~ ~ ~-e,~ ~ 12.: t ,~,.~ ~' vie, ~,. Lo ~ {~~, ,,.p ~ .. ~,,,.~ ~o r,,. '~`X t,~, o ~, 3 I `d 1l0 . '~ __ _. ~"°e. ` ~ ~~ ~ 1 ~- ~ U X12... 3 . r~_c III o~ ~ b_t~~7;.~ ,~~~~.,,. Y___ a ,, . ~~ ~ _. __ ~_ ° ~~h .- City of Coppell ~, ~ S P.O. Box 9478 Coppell, Texas 75019 (972)304-3686