Use in Excess of Phase Commitment and Limitations on Use. At or near to the point of delivery, as is established in Exhibit E, and as a component of the Water System Extension, Customer will design and construct facilities that automatically limit the quantity of water that may be delivered in GPM so that Customer cannot exceed the volume committed to Customer in the phasing schedule attached hereto as Exhibit C. It shall be a material breach of this Agreement by Customer if Customer takes more

Staff Report & Agenda Item Details

Use in Excess of Phase Commitment and Limitations on Use. At or near to the point of delivery, as is established in Exhibit E, and as a component of the Water System Extension, Customer will design and construct facilities that automatically limit the quantity of water that may be delivered in GPM so that Customer cannot exceed the volume committed to Customer in the phasing schedule attached hereto as Exhibit C. It shall be a material breach of this Agreement by Customer if Customer takes more water in a 24-hour period beginning at 12:00 AM and ending at 11:59 PM than is scheduled for delivery to Customer under Exhibit C. Anything to the contrary in this Agreement notwithstanding, the District may terminate service to Customer until such time as repairs or additional improvements are made to limit the volume of water Customer may receive in a 24-hour period such that it cannot exceed the phasing schedule in Exhibit C. In addition and without limiting the remedy of termination of service, Customer acknowledges that a breach of the volume limits in Exhibit C may cause irreparable harm for which monetary damages alone would be an inadequate remedy. Therefore, in the event of a breach of Crystal Clear SUD – Palomino Alpha NSSA those limits, the District shall be entitled to seek equitable relief, including injunctive relief, without the necessity of proving actual damages. Except for water required for drinking, sanitation, sanitary sewer, and on-site cleaning and landscape care, Customer shall utilize a cooling system at least as efficient as closed-loop cooling technology for data center thermal management (cooling of CPUs and GPUs) and shall implement water-efficient cooling systems for its operations on the Property. Customer shall comply with all applicable requirements under Texas law regarding cooling systems for data centers, including any statutory or regulatory requirements that may be enacted by the Texas Legislature or promulgated by any applicable regulatory authority in the future.

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 4.8/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.