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WHEREAS, Texas Genco and Du Pont desire to enter into and record this <br />Memorandum of Lease in order that third parties may have notice of Texas Genco's interests and <br />rights under the Ground Lease. <br />NOW, THEREFORE, Du Pont, in consideration of the rents and covenants <br />provided for in the Ground Lease to be paid and performed by Texas Genco, does hereby lease <br />and grant unto Texas Genco the Leased Premises and the Easements in accordance with the <br />terms and provisions of the Ground Lease. <br />Lease: <br />Specific reference is hereby made to the following provisions of the Ground <br />1. Pursuant to the Ground Lease, Texas Genco is granted a certain option to <br />extend the initial term of the Ground Lease as more particularly described in the Ground Lease. <br />2. Pursuant to the Ground Lease, Du Pont is granted a certain right of first <br />refusal to purchase equipment and facilities to be constructed on the Leased Premises as more <br />particularly described in the Ground Lease. <br />3. Pursuant to the Ground Lease, Texas Genco is granted certain rights to use <br />property contiguous to the Leased Premises for the purpose of ingress and egress and to enable <br />Texas Genco to perform certain contractual obligations as more particularly described in the <br />Ground Lease. <br />All terms, conditions, provisions and covenants of the Ground Lease are <br />incorporated in this Memorandum of Lease by reference as though fully set forth herein, and the <br />Ground Lease and this Memorandum of Lease shall be deemed to constitute a single instrument <br />or document. This Memorandum of Lease has been entered into by Du Pont and Texas Genco <br />for the purposes of recordation in the appropriate real estate records in Harris County, Texas to <br />H0003:866189.1 <br />