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<br />e <br /> <br />e <br /> <br />STATE OF TEXAS ~ <br />COUNTY OF HARRIS ~ <br /> <br />WATER SERVICE AGREEMENT <br /> <br />This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a <br /> <br />municipal corporation of Harris County, Texas, hereinafter called "CITY", and AIR L1QUIDE <br /> <br />AMERICA CORPORA nON, a Delaware corporation, (successor by merger to Big Three <br /> <br />Industries, Inc.), hereinafter called "COMPANY". <br /> <br />I. <br /> <br />COMPANY is the owner of certain real property which is situated in CITY'S Bayport <br /> <br />Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are <br /> <br />parties to a current Industrial District Agreement. <br /> <br />II. <br /> <br />COMPANY is desirous of purchasing potable water from CITY for usual human domestic <br /> <br />consumption and uses, and not for use for industrial processes of any kind. Previous planning <br /> <br />considerations for the long range potable water supply of CITY did not include the needs of <br /> <br />property located outside the city limits of CITY, COMPANY recognizes that CITY cannot at this <br /> <br />time provide permanent and unlimited water selVice as requested. CITY agrees, however, to <br /> <br />provide limited potable water selVice to COMPANY. For and in consideration of furnishing <br /> <br />domestic potable water by CITY, the parties hereto agree as follows, to-wit: <br /> <br />III, <br /> <br />COMPANY has made the following representations to CITY as to its number of <br /> <br />employees, as of the date of this agreement, upon which representations CITY has relied in <br /> <br />entering into this Agreement. <br /> <br />Number of Employees on-site <br />Plus 1 m Facility Expansion <br />Truck Drivers <br /> <br />83 <br />35 <br />35 <br />