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e e D. It is recognized that two of the Pending Appeals relate to deferred accounting, and those appeals will not be dismissed under this Agreement. If as a result of those appeals it is finally determined that HL&P's STP Deferrals balance as of December 31, 1993 should be reduced, then notwithstanding the provisions of paragraphs A and B of this Article X, such reduction shall be applied prospectively in future proceedings, but will not be applied retroactively to modify HL&P's rates as approved in this or prior proceedings. ARTICLE XI. South Texas PrQject Perfonnance Stand3rd~ During the 135 day period commencing on the Date of Execution of this Agreement, HL&P and the other Signatories shall negotiate in good faith to develop perfonnance standards to be applied prospectively to HlAP's interest in STP. Other interested parties, including the parties to Docket No. 12065 and Docket No. 13126, will be allowed to attend but not to panicipate in negotiations. However, to the extent any non-Signatory interested party is allowed to panicipate in the negotiations, all non-Signatory interested parties will be allowed to participate to the same extent. The fltSt meeting will occur within fourteen (14) days after the Date of Execution. During these negotiations, the parties will consider standards that reflect fuel costs, operation and tnaintenance expenses and capital additions. Failure of the parties to agree on appropriate performance. standards for STP will not affect any of the other terms of this Agreement. Notwithstanding any other provision of this Agreement, if an agreement concerning performance standards is not reached within that 135 day period, then the parties are free to pursue any available remedy. If some or all parties are able to reach an agreement on HOU03:9l1046 -25-