SERVICE AGREEMENT
RATE SCHEDULE WP
AGREEMENT made as of March 31, 1995 by and between NewCorp
Resources, Inc. (hereinafter "NCR", a corporation organized and existing user
the laws of the State of Texas, and Cap Rock Electric Cooperative, Inc.,
(hereinafter "Customer"), organized and existing under the laws of the State
of Texas.
NCR and Customer, in consideration of the mutual covenants and
agreements herein contained, and of the mutual benefits to be derived
therefrom, hereby agree as follows:
(1) NCR agrees to provide, and Customer agrees to take and pay
for, all electric power and energy required by Customer at the
delivery points specified in Exhibit A, attached hereto and
made a part hereof, for resale by Customer.
(2) Electric power and energy supplied under this Service
Agreement by NCR to Customer shall be furnished in accordance
with Rate Schedule WP (including applicable riders) and the
Service Terms and Conditions as may be in effect from time to
time under the authority of regulatory bodies having
jurisdiction, and said Rate Schedule WP and the Service Terms
and Conditions are incorporated in this Agreement to the same
extent as if fully set forth herein.
(3) NCR's obligation to provide power and energy hereunder to each
delivery point shall be limited to the Contract Demands set
forth in Exhibit A. The voltage and number of phases for
electric service provided to each delivery point hereunder
shall be as set forth in Exhibit A.
(4) Exhibit A shall only be amended upon the written agreement of
both parties, and in accordance with Rate Schedule WP and the
Service Terms and Conditions.
(5) Customer agrees to pay for all Direct Assignment Facilities
identified in Exhibit B, attached hereto and made a part
hereof; in accordance with Rider DAF-Direct Assignment
Facilities.
(6) This Service Agreement shall become effective on May 1, 1995
or, if later, on such day as it is permitted to become
effective by the Federal Energy Regulatory Commission, and
shall remain in effect until December 31, 2013, and year to
year thereafter until canceled by either party with the
termination being effective at the end of a calendar year, by
giving written notice of termination at least five years prior
to termination.
(7) Customer agrees to grant or secure for NCR, at Customer's
expense, any rights-of-way on property owned or controlled by
Customer and to provide suitable space on said premises for
installation of facilities where such right-of-way and space
are necessary to provide electric service to Customer.
(8) For the purposes of all notices, bills, statements, remittance
or payments or written demands, the address of Customer shall
be as indicated below unless specifically directed otherwise
by Customer in writing in advance of notice.
Cap Rock Electric Cooperative, Inc.
000 Xxxx Xxxx, Xxxxx 000
Xxxxxxx, Xxxxx 00000
(9) This Agreement supersedes all previous agreements, written or
verbal, between NCR and Customer for the service described
herein and shall inure to the benefit of and be binding upon
the respective heirs, legal representatives, successors and
assigns of the parties hereto, provided that no assignment by
Customer shall be binding upon NCR until accepted in writing
by NCR. This Agreement is subject to all laws and governmental
regulations and to the provisions of NCR's franchises now in
effect or which may hereafter become effective.
ACCEPTED BY NCR: ACCEPTED BY CUSTOMER
/s/ Xxxxxx X. Xxxxxxx /s/ [ILLEGIBLE]
------------------------------ ------------------------------
Signature Signature
President President/CEO
------------------------------ ------------------------------
Title Title
April 26, 1995 4/26/95
------------------------------ ------------------------------
Date Signed Date Signed
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EXHIBIT A
LIST OF DELIVERY POINTS
CAP ROCK ELECTRIC COOPERATIVE, INC.
----------------------------------
Contract Service In-Service
Name and Location Demand (kW) Voltage (kV) Date
----------------- ----------- ------------ -----------
Vealmoor-Located in Section 100,000 138 May 1, 1995
12, Block 33, T-3-N, T&P RR
Co. Survey, Xxxxxx County, Texas
Xxxx - Located near the boundary Note 1 138 May 1, 1995
of Sections 7 and 17, Block 40,
T-1-S, T&P RR Co. Survey,
Midland County, Texas
Note 1: There is no additional Contract Demand for the Xxxx delivery point.
However, any portion of the Vealmoore Contract Demand may be taken
through the Xxxx delivery point as system conditions allow.
3
EXHIBIT B
DIRECT ASSIGNMENT FACILITIES
CAP ROCK ELECTRIC COOPERATIVE INC.
---------------------------------
Monthly In-Service
Delivery Point Name Installed Cost Charge Date
------------------- -------------- ------- ----------
Vealmoor None X/X X/X
Xxxx Xxxx X/X X/X
0
