Exhibit 10.64
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into this 25th day of April,
1995. by and between NewCorp Resources, Inc. (hereinafter "NCR"), a
corporation organized and existing under the laws of the State of Texas, and
Cap Rock Electric Cooperative, Inc. (hereinafter "Cap Rock"), a corporation
organized and existing under the laws of the State of Texas (collectively the
"Parties").
WHEREAS, NCR and Cap Rock have entered into a Service Agreement
pursuant to which Cap Rock will purchase electric power and energy from NCR
under NCR's Rate Schedule WP and Tariff for Electric Service on file with the
Federal Energy Regulatory Commission; and
WHEREAS, NCR and Cap Rock have entered into an Assignment of
Wholesale Power Contract to assign from Cap Rock to NCR the Agreement for
Wholesale Full Requirements Electric Power Service between Southwestern
Public Service Company ("SPS") and Cap Rock dated July 3, 1991, as amended by
the first amendment dated January 22, 1992, (the "SPS Contract"); and
WHEREAS, NCR is able to satisfy certain of its obligations under the
SPS Contract only if Cap Rock agrees to corresponding obligations to NCR;
NOW THEREFORE, NCR and Cap Rock, in consideration of these premises
and of the mutual covenants and agreements herein contained, and of the
mutual benefits derived therefrom, thereby agree as follows:
1. PURPOSE.
This Agreement supplements the terms and conditions found in
NCR Rate Schedule WP and the Service Agreement entered into by
the Parties on even date herewith. This agreement incorporates
all terms and conditions found in Rate Schedule WP and the
Service Agreement.
2. TERM.
Section (6) of the Service Agreement is supplemented as
follows:
During the period beginning January 1, 2004, and ending
December 31, 2013, Cap Rock may elect to terminate the Service
Agreement and this Supplemental Agreement early, effective at
the end of any calendar year. by giving NCR at least five
years' notice before the proposed termination date. In the
event of early termination, Cap Rock shall be liable to NCR
for any termination or other charges owed by NCR to SPS
resulting from Cap Rock's termination and paid by NCR to its
power supplier(s).
3. SALES TO AND PURCHASES FROM QUALIFYING FACILITIES.
In light of the corporate relationship between NCR and Cap
Rock, NCR and Cap Rock agree as follows:
(a) During the term of this Agreement, NCR agrees to
assume Cap Rock's obligations to purchase electric
energy and capacity offered by Qualifying Facilities
as required by the regulations set forth in Part 292
of the Code of Federal Regulations ("CFR"),
promulgated under Sections 201 and 210 of the Public
Utilities Regulatory Act of 1978, or the rules and
regulations of the Public Utility Commission of
Texas, or both, as the case may be.
(b) During the term of this Agreement. Cap Rock agrees to
assume NCR's obligations to sell back-up,
maintenance, supplementary and interruptible power to
Qualifying Facilities as required by the regulations
set forth in Part 292 of the CFR, promulgated under
Sections 201 and 210 of the Public Utilities
Regulatory Act of 1978, or the rules and regulations
of the Public Utility Commission of Texas, or both,
as the case may be.
Accepted by NCR: Accepted by Cap Rock Electric Cooperative:
/s/ Xxxxxx X. Xxxxxxx /s/ Xxxxx X. Xxxxxx
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Signature Signature
President President/CEO
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Title Title
April 25, 1995 4/25/95
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Date Signed Date Signed
