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<br />AMP-OHIO CONTRACT NO. C-2-2006-4967 <br />Execution Copy <br /> <br />HYDROMATRIX Projects up to, but not including, a commitment to construct the HYDROMATRIX <br />Projects; and <br /> <br />WHEREAS, Municipality may subsequently authorize and, at its sole option, enter into, <br />additional agreements to authorize the construction and to finance Municipality's aliquot share of the <br />costs of such construction of the HYDROMATRIX Projects that, when aggregated with other such <br />commitments, will allow the financing and construction of the one or more HYDROMATRIX Projects. <br /> <br />NOW, THEREFORE, in consideration of the following mutual promises, AMP-Ohio and the <br />Municipality agree as follows: <br /> <br />SECTION 1 - TERM. <br /> <br />The term of this Agreement shall be in effect until the earlier of December 31, 2008 or three (3) <br />months after the date Construction Subscriptions are due. Municipality shall reasonably notify AMP- <br />Ohio of its desires regarding the actual construction of one or more HYDROMA TRIX Projects no later <br />than the date Construction Subscriptions are due for any given HYDROMATRIX Project, as specified <br />in Section four (4) of this Agreement. AMP-Ohio warrants that it will promptly cease all <br />Developmental Phase activities if it is unable to enter into HYDROMA TRIX Developmental <br />Subscription and Cost Sharing Agreements with AMP-Ohio members or groups of members for at least <br />30,000 kW of HYDRO MATRIX Projects' Capacity. <br /> <br />SECTION 2 - SERVICES. <br /> <br />AMP-Ohio agrees to assume responsibility for all aspects of the HYDROMA TRIX Projects <br />development, design, feasibility, licensing, and permitting including securing other HYDROMA TRIX <br />Projects Developmental Subscription and Cost Sharing Agreements ("Developmental Subscription") <br />from its other member municipalities, and all other matters necessary to allow the complete, timely and <br />successful development of the HYDROMATRIX Projects, including making arrangements to attempt to <br />secure Construction Subscriptions from AMP-Ohio members at levels sufficient to allow construction of <br />one or more HYDROMATRIX Projects. Municipality agrees by execution of this Agreement, to a <br />Developmental Subscription of up to a nominal 4,300 kW of HYDRO MATRIX Projects' capacity. As <br />set forth in Section 4 hereof, said Developmental Subscription shall entitle the Municipality to an option <br />to participate in future HYDROMATRIX Projects developed hereunder, via a timely Construction <br /> <br />Page 2 <br />