GEA_16~1.PDF

08/04/2026

NEVADA NATIONAL GUARD

2460 FAIRVIEW DR

CARSON CITY , NV 89701

Dear Brodie Lynch, RE : EWAM-3012532582-G-4601 COCOA AVE-SO-COL-G-NV NATIONAL GUARD

Project ID# : 11857072

The enclosed documents specify costs and responsibilities to provide gas facilities to the above referenced project.

Should you decide to proceed with this project, please sign and return an original copy of the enclosed document(s) to the address listed on the enclosed document.

The Agreement constitutes a contract regarding installation costs for the requested service. As such, it requires the signature of a person legally authorized to enter into this Agreement. Please ensure that the name and title of the person signing the contract are clearly printed or typed on the lines immediately following the signature. Confusion regarding the authority of the person signing the contract may result in a delay to the installation of gas facilities. A copy of the executed agreement will be returned to you at the above address.

The Terms and Conditions of this proposal shall be firm for 90 days from the date of this letter, at which time the Agreement is no longer valid. After 90 days we may provide you with a new Agreement with revised costs and/or design changes. These changes could be a result of, but are not limited to, field condition changes, project work order connection point, proportionate share and attachment costs, contingent projects, and project labor, material, and tax cost increases. The project is subject to cancellation 180 days from the date of this letter.

In an effort to facilitate completion of this utility work, please submit an application for meterset upon assignment of address(es) from your government agency. This meterset information is required prior to receiving service.

Should you have any other questions regarding this Agreement, please contact me at +1 (775) 834-7296 .

Sincerely, Paul A Winters Utility Design Administrator

P.O. BOX 98910, LAS VEGAS, NEVADA 89151-0001 6226 WEST SAHARA AVENUE, LAS VEGAS, NEVADA 89146

P.O. BOX 10100, RENO, NEVADA 89520-0024 6100 NEIL ROAD, RENO, NEVADA 89511 NVEnergy.com

This Rule 16 Gas Extension Agreement (“Agreement”) is made and entered between Sierra Pacific Power Company, a Nevada Corporation, d/b/a NV Energy (“Utility”) and NEVADA NATIONAL GUARD , a(n) , “Applicant” (individually, a “Party” and collectively, the “Parties”).

RECITALS

A.

Utility owns and operates gas facilities and provides gas service within Nevada, in accordance with Tariff Schedules filed with and approved by the Commission.

B.

Applicant has requested that Utility alter existing Utility facilities or has requested a gas service extension from the gas main in the abutting public street, highway, alley, lane or road for the purpose of receiving gas service.

C.

In accordance with Rule 16, other applicable provisions of other portions of its Tariff Schedules and this Agreement, Utility will extend or alter Utility facilities, as requested by Applicant.

D.

Applicant acknowledges that it must follow Utility’s procedures for identifying and resolving conflicts between its Development and Utility’s gas and electric facilities and that Utility will only waive or approve such a conflict through Utility’s standard, use agreement signed by the property owner(s) and Utility, duly notarized, and recorded.

In consideration of the above recitals, mutual covenants, terms and conditions contained in this Agreement, the Parties agree as follows:

AGREEMENT

1.

Summary of Costs and Contingencies

1.1

Gas Extension. In order to provide gas service to Applicant and/or alter existing Utility facilities, Utility will modify its facilities as shown on the design titledEWAM-3012532582- G-4601 COCOA AVE-SO-COL-G-NV NATIONAL GUARD and attached as Exhibit A.

1.2

Estimated Costs. Utility estimates that the Costs of the Gas Extension Project are $3,385.25,as summarized on Exhibit B. In accordance with Rule 16, Section A.1.b.2, Utility will install, at its expense, up to 75 feet of gas service pipe for one service pipe in the Applicant-provided trench.

1.3 Estimated Advance. The estimated Advance is $3,833.00, consisting of:

(A)

CIAC. An estimated CIAC in the amount of $3,385.25(“Estimated CIAC”). This amount includes a non-taxable, non-refundable cost of $343.52 and a taxable, non-refundable cost of $3,041.73 .

(B)

Tax Effect. The estimated Tax Effect is:

(1)

CIAC. A Tax Effect relating to CIAC in the amount of $404.55. This Tax Effect is subject to adjustment in connection with a Cost True-Up.

(2)

Non-Cash Contributions. A Tax Effect relating to Applicant’s non-cash contributions to Utility under Rule 16, Section A.1.a (such as trenching performed and service pipe provided by Applicant, its contractors or its subcontractors) in the amount of $43.20 . This Tax Effect is not subject to refund.

1.4

Payment. Applicant must pay Utility $3,833.00 upon delivery of the signed Agreement

RULE 16 GAS EXTENSION AGREEMENT

Project ID:

Agreement No:

11857072

76542180

(CPQ-15384)

Project Title:

EWAM-3012532582-G-4601 COCOA AVE-SO-

COL-G-NV NATIONAL GUARD

GEA_16

Rev.7/1/2025

2.

Description and Design of the Gas Main Extension Project

2.1

Design for Gas Main Extension Project; Amendment. The design for the Gas Main Extension Project and Betterments, if any, is attached to this Agreement as Exhibit A (the “Design”). Applicant approves the Design and acknowledges that Applicant is bound by and must comply with all notes on the Design. The Parties may revise the Design by amending this Agreement in accordance with Section 13.8.

2.2

Condition to Providing Service. Utility does not have an obligation to provide service to Applicant’s Development until after Applicant resolves all conflicts between the Development and Utility’s gas and electric facilities, at Applicant’s Cost and to Utility’s satisfaction. Applicant agrees that, if Utility provides service to the Development even though conflicts remain, Applicant is responsible for all Costs to resolve those conflicts to Utility’s satisfaction and Applicant must (at its Cost) acquire and deliver to Utility all Property Rights Utility deems necessary.

2.3

Inaccurate Information and Field Conditions. Applicant understands that inaccurate, incomplete or outdated information and that surface and subsurface field conditions could delay the In-Service Date, if any.

2.4

Providing Service to Applicant. Utility will provide gas service to Applicant in accordance with this Agreement, applicable Laws and Utility’s Tariff Schedules.

2.5

Gas Main Extension Project Completion. The Gas Extension Project is complete after

(A) Utility receives all Property Rights in accordance with this Agreement, (B) the Parties complete the Adjustments and (C) if applicable, Utility has made gas service available to the Development.

3.

Gas Main Extension Project Cost, Cash Advance, Allowance and Refunds

3.1 Estimated Costs on Exhibit B. The estimated Gas Main Extension Project Costs are identified on

Exhibit B.

3.2

Performance of Cost True-Up. In its discretion and at any time, Utility may perform a Cost True-Up

3.3

Refunds and Invoices Associated with Accounting Adjustments; Assignment of Refund.

If Utility performs the accounting adjustments in Section 3.2, Utility will either invoice Applicant or provide a refund. If Utility does not perform a Cost True-Up, Applicant is only responsible for the Costs identified on Exhibit B and as otherwise invoiced by Utility.

Applicant will not be entitled to any refunds after the termination of this Agreement

3.4

No Interest on Amounts Paid by Applicant. Utility will not pay Applicant any interest on the amount of any payment made in connection with this Agreement.

4.

Applicant’s Obligations

4.1

Responsibility for Costs. Applicant is responsible for all Costs, except for those Utility is specifically responsible for under the applicable provisions of Rule 16 (“Applicant’s Cost Responsibility”). If, within 18 months after the Effective Date, Applicant does not complete construction of the Gas Extension Project, Utility may re-estimate and either terminate this Agreement or, notwithstanding Section 13.8, amend Exhibit B. Applicant must pay the invoice in accordance with Section 4.5.

4.2

Payment of Advances. Applicant must pay all Advances based on the Costs identified initially in Exhibit B and those identified subsequently under Section 4.1 or Section 4.5.

4.3

Obligation to Construct Facilities in Compliance with Laws. Applicant and its agents must, at Applicant’s expense, comply with and construct and install the Rule 16 improvements, as shown on Exhibit A, perform work associated with these improvements, and comply with and perform in accordance with all applicable Permits, Laws, Utility Standards, portions of the Tariff Schedules and portions of Title 49, Section

192.383 of the Code of Federal Regulations. These Rule 16 improvements and the work associated with these improvements include but are not limited to trenching, backfilling, excavation, pavement removal, restoration, repaving, valves, regulators, materials relating to such substructures, and other materials Utility deems necessary for the gas facilities.

4.4

Identification and Resolution of Conflicts; Costs Associated with Conflicts. Utility is not obligated to provide gas service to the Development until after Applicant meets its obligations under this Section to Utility’s satisfaction:

Identification of Conflicts. Applicant must identify, in writing and in a manner satisfactory to Utility, all conflicts between (1) the Development and Utility’s gas and electric facilities located within the Development, (2) the Development and Utility’s gas and electric facilities located within or adjacent to offsite improvements required for the Development (3) the Development and Utility’s gas and electric facilities located adjacent to the Development, and (4) the Development and Utility’s property rights within and adjacent to the Development, including but not limited to easements, rights-of-way, and any other use or occupancy rights.

Resolution of Conflicts with Utility’s Facilities and Payment of Costs. If Applicant, its agents, its contractors, or its subcontractors damage, have damaged, render unsafe or have rendered unsafe Utility’s gas or electric facilities located within or adjacent to the Development or to the offsite improvements required for the Development, Applicant must (1) pay all Costs to render those facilities safe, to relocate the facilities impacted, and to construct any new facilities needed, and (2) provide or obtain real property rights in Utility’s name for the relocated facilities and/or new facilities, at no cost to Utility and in a location and form satisfactory to Utility (including but not limited to the type of property rights, the dimensions of the property rights area, and terms and conditions of the property rights).

(C)

Resolution of Conflicts with Utility’s Easements and Payment of Costs. If Utility determines, in its discretion, that Applicant, its agents, its contractors, or its subcontractors interfered with Utility’s property rights, Applicant must (1) pay all Costs incurred by Utility that are associated with the interference and (2) either remove the interference and return the property rights area to a condition that is usable by Utility or provide or obtain replacement property rights in Utility’s name, at no cost to Utility and in a location and form satisfactory to Utility (including but not limited to the type of property rights, the dimensions of the property rights area, and terms and conditions of the property rights).

4.5

Payment of Invoices; Work Stoppage and Service Delay for Non-Payment. . Applicant must pay Utility’s invoices within 60 days of receipt. If mailed, Utility’s invoices are deemed received three (3) days after the invoice date. Applicant must reference PID 11857072 on any payment. If Utility does not receive timely payment of its invoices, then Utility, without liability to Applicant, may stop work and/or not provide gas service to Applicant, until after Utility receives payment in full. Any delay in payment might result in a delay in completion of the Gas Extension Project.

4.6

Interest. Any amount unpaid and due by Applicant under this Agreement will accrue interest at the then current per annum simple prime rate, as published in the Money

Rates section of the Wall Street Journal, plus one percent (1%), from the original due date through the date of receipt of payment by Utility.

4.7

Information Provided by and Needed from Applicant. Applicant acknowledges that Utility relies on information provided by Applicant when performing Utility’s obligations under this Agreement. Applicant acknowledges that it has a continuing obligation to provide the most current and accurate information concerning its Development to Utility. Applicant also understands that Utility is not aware of and cannot know all surface and subsurface field conditions. Notwithstanding anything to the contrary in this Agreement, Applicant agrees to assume all responsibilities, liabilities, and Costs for repair, replacement, redesign, modification or other work to the facilities associated with this Agreement:

Resulting from or arising out of incomplete, inaccurate or outdated data and other information supplied to Utility by Applicant; or

Resulting from or arising out of changes affecting the accuracy or completeness of data or information after it is supplied to Utility by Applicant; or

Resulting from or arising out of surface or subsurface field conditions; or

(D)

That were installed based on surveys or staking provided by Applicant or Applicant’s agents that are found to be located outside the recorded Property Rights granted for such facilities.

4.8

Inspection of and Responsibility for Facilities Installed by Applicant. For facilities and equipment installed by or trenching performed by Applicant, Applicant must:

Allow Utility to inspect the construction or installation of the facilities and equipment and the trenching.

Maintain, repair, and (as Utility deems necessary) replace those facilities and equipment until Utility’s Acceptance, in addition to providing the guarantees in Section 7.

4.9

Obligation to Provide Information to Utility. Within 10 days of Utility’s written request, Applicant must provide information and documentation requested by Utility, including but not limited to information and documentation relating to the amount(s) Applicant paid, if any, for third-party Property Rights, and information and documentation relating to the actual cost of Applicant’s non-cash contributions to Utility under Rule 16.

Right to Set Off

5.1

Utility’s Right to Set Off Amounts Owing. Utility may set off any sum or obligation (whether or not arising under this Agreement) owed by Utility to Applicant against any sum or obligation (whether or not arising under this Agreement) owed by Applicant to Utility.

5.2

Utility’s Right to Withhold Additional Amount. Utility may also deduct the following from any sum or obligation (whether or not arising under this Agreement) owed by Utility to Applicant:

The amount to remedy any defects and repair any damage in accordance with Section 7.2;

The amount to discharge any lien filed or that could be filed in relation to the work performed and material and equipment installed by Applicant under this Agreement;

The value of any claim against Utility that Applicant has failed to settle in accordance with an indemnity obligation;

The amount to resolve all conflicts between the Development and Utility’s gas facilities located within or adjacent to the Development in accordance withSection 4.4(B); and

(E)

The amount to resolve all conflicts between the Development and Utility’s Property Rights within and adjacent to the Development in accordance with Section 4.4(C).

6.

Property Rights; Ownership and Lien Release(s)

6.1

Obligation to Acquire and Convey Property Rights. Applicant must, without cost to Utility, grant and convey, or obtain for Utility, all Property Rights that Utility deems it requires for the Utility facilities (or any portion thereof) affected under this Agreement. In Utility’s discretion and at Applicant’s Cost, Utility may obtain an appraisal(s) of the Property Rights.

6.2

Condition to Commencing Construction. Utility is not obligated to commence construction of any facilities until after the required Property Rights are permanently granted to Utility in a manner that is satisfactory to Utility as to both location and form (including but not limited to the type of Property Rights, dimensions of the Property Rights area and terms and conditions relating to the Property Rights).

6.3

Ownership of Facilities and Equipment. All facilities constructed and equipment installed by Applicant and Utility under this Agreement are property owned, maintained, and controlled by Utility upon Utility’s Acceptance. Upon Utility’s written request, Applicant will sign and deliver a Bill of Sale in a form acceptable to Utility that conveys all of Applicant’s rights, title and interest in the facilities and equipment to Utility and certifies that the facilities and equipment are free of liens and other encumbrances. Utility has the right to use, and allow other Utility customers to use, those facilities and equipment for any purpose. If Applicant requests that additional service pipes be installed in connection with this Agreement and pays the Costs associated with that pipe, Utility is not required to reserve that pipe for Applicant and may use it for other Utility customers.

6.4

Release of Lien or Claim.Upon Utility’s written request, Applicant must furnish to Utility a complete release of any lien or claim and receipts covering in full all labor, material, and equipment for which a lien could be filed in relation to the work performed and material and equipment installed.

7.

Guarantees

7.1

Guarantee Against Defects. Applicant guarantees, regardless of Utility’s Acceptance, all work Applicant and its contractors/subcontractors perform and all material and equipment they furnish under this Agreement against defects in materials and workmanship for a period of one (1) year following completion of the Gas Extension Project. Applicant also guarantees any corrective work and replaced or repaired materials against defects for an additional one-year period following completion of the work.

7.2

Utility’s Option to Remedy Defect. Utility may, at its option and Applicant’s sole Cost, either itself remedy or require Applicant to remedy any defect in materials or workmanship provided by Applicant and its contractors/subcontractors that develop during the one-year period provided for in Section 7.1. The option and obligation to repair extend to any damage to facilities or work caused by the particular defect or repair of the defect. Applicant must remedy the defect(s) to Utility’s satisfaction. Should Utility choose to remedy a defect, Applicant must pay Utility all Costs incurred within 30 days of receiving an invoice from Utility.

7.3

Modification, Relocation or Retirement of Gas Facilities. If Applicant requests that Utility install gas facilities before establishment of final grade or the alignment of roads, streets, or alleys, or in unimproved areas and a conflict arises, Applicant must pay all Costs associated with the relocation or modification of any gas facilities and, at Applicant’s expense, must grant or obtain for Utility all Property Rights Utility deems it requires for the relocated/modified facilities. The Property Rights must be granted to Utility in a manner that is satisfactory to Utility as to both location and form (including but not limited to the dimensions of the Property Rights area and terms and conditions relating to the Property Rights).

8.

Default

8.1

Procedure. If a Party (“Defaulting Party”) fails to comply with the terms and conditions of this Agreement and the failure continues for 30 days after the Defaulting Party receives written notice of such failure from the other Party (“Non-Defaulting Party”), then the Non-Defaulting Party is entitled to declare the Defaulting Party in default and is entitled to all remedies authorized by law, with the exception that Utility’s failure to achieve any scheduled date is not an event of default.

8.2

Notice to Utility’s Legal Department. In addition to sending written notice to Utility’s Project Coordinator regarding Utility’s failure to comply with the terms and conditions of this Agreement, Applicant must also send a copy of the notice to Utility’s Legal Department at the address specified in the “Notices” Section of the Agreement.

9.

Confidentiality

9.1

Exchanging Information. Utility might provide Applicant with information to be used in complying with the Agreement. Some or all of this information, including, but not limited to, oral information, documents, supplier information, files, drawings, and data, might be confidential.

9.2

Labeling Information Confidential. If Utility wants information to be treated as confidential, Utility must label the written information as “CONFIDENTIAL” (“Confidential Information”).

9.3

Protection of Confidential Information.

Applicant’s Obligation to Keep Information Strictly Confidential and Not Disclose It. Applicant must keep the Confidential Information strictly confidential and in a secure location. Applicant must also keep any discussion regarding Confidential Information strictly confidential. Applicant must not disclose any Confidential Information or a discussion regarding Confidential Information to any person or entity except as expressly provided in this Section or as otherwise approved in writing in advance by Utility.

Additional Protection of Information. If Utility has failed to label or advise Applicant that certain information requires protection, the restrictions and limitations in this Section will also apply to the receipt of non-public information that Applicant should reasonably recognize as being confidential.

Transmitting Information. If Applicant transmits any Confidential Information electronically or discusses the Confidential Information in an email, it must encrypt the email and all attachments to it and insert “[CONFIDENTIAL]” as the first word in the subject line of the email.

9.4

Return or Destruction of Confidential Information. Upon Utility’s request, Applicant must promptly either return to Utility, or certify the destruction of, all Confidential Information that Applicant received, together with all copies, excerpts, notes and documents derived or generated from the Confidential Information.

9.5

Sharing Confidential Information. Applicant may disclose Confidential Information to and discuss Confidential Information with its affiliates, attorneys, consultants, contractors and subcontractors (collectively, “Other Parties”); provided, that the Other Party signs an agreement in a form acceptable to Utility in which the Other Party agrees to be bound by the terms of this “Confidentiality” Section and to submit to the jurisdiction of the District Court, Washoe County, Nevada, or any Nevada court with jurisdiction in or over that matter, for purposes of enforcement of that agreement and this “Confidentiality” Section, and any ancillary proceedings regarding interpretation, enforcement or effect of those agreements.

9.6

Request for Confidential Information Through Legal Process. If Applicant becomes legally compelled (by deposition, interrogatory, request for documents, order, subpoena, civil investigative demand or similar process issued by a court of competent jurisdiction or by a government body) to disclose any Confidential Information, to disclose excerpts, notes or documents derived or generated from the Confidential Information, or to disclose discussions regarding the Confidential Information, Applicant must provide prompt written notice to Utility’s legal department of any such requirement and seek a protective order preventing or limiting disclosure.

9.7

Rights and Limitations. Utility does not grant any right or license, by implication or otherwise, to Applicant as a result of Utility’s disclosure or discussion of Confidential Information. Utility makes no representation or warranties regarding the accuracy or completeness of this information. Applicant expressly recognizes that this information is provided “AS IS, with all faults” and Utility makes NO WARRANTIES, EXPRESS OR

IMPLIED STATUTORY OR OTHERWISE, WITH RESPECT TO THE CONFIDENTIAL

INFORMATION AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES.

10.

Force Majeure

10.1

Notice of Force Majeure. If any delay due to Force Majeure occurs or is anticipated, the affected Party must promptly notify the other Party in writing of the delay. This notice must include a description of the delay and the cause and estimated duration of the delay. Regardless of the cause, Applicant’s failure or inability to pay some or all of the Costs is not a Force Majeure event.

10.2

Duty to Mitigate Effects of Delay. The affected Party must exercise due diligence to shorten, avoid, and mitigate the effects of the delay.

10.3

Notice of Resumption of Performance. The affected Party must promptly notify the other Party in writing when the Force Majeure event has ended and when performance will resume.

10.4

Liability; Termination Option. Utility is not liable to Applicant for Costs incurred as a result of any delay or failure to perform as a result of Force Majeure. In the event of any delay due to Force Majeure, Utility may terminate the Agreement without liability upon 30-days notice to Applicant.

10.5

Notice to Utility’s Legal Department. In addition to sending written notice to the Project Coordinator for delay, anticipated delay, and resumption of performance in relation to Force Majeure, Applicant must also send a copy of the notice to Utility’s Legal Department at the address specified in the Section 15.2 of the Agreement.

11.

Representations

11.1

No Pending Actions, Suits or Proceedings. Applicant represents that to its knowledge as of the date of this Agreement, there are no actions, suits or proceedings pending or threatened against Applicant in any court or before any administrative agency that would prevent its performance under this Agreement.

11.2

Authority. Each Party has taken all actions as may be necessary or advisable and proper to authorize this Agreement, the execution and delivery of it, and the performance contemplated in it. The persons executing this Agreement state and acknowledge that they are authorized and empowered to do so on behalf of the Party so designated.

Precedence

12.1

Utility’s Tariff Schedules; Commission. This Agreement is made by the Parties in accordance with Utility’s Tariff Schedules. Those Tariff Schedules apply to this Agreement, are binding on the Parties, and supersede any portion of this Agreement should a conflict arise. Notwithstanding Section 13.8, this Agreement is, at all times, subject to such changes or modifications by the Commission as the Commission may from time to time direct in the exercise of its jurisdiction. This Section survives default, expiration, or termination of this Agreement or excuse of performance for Force Majeure or otherwise.

12.2

Integration. This Agreement, together with documents executed with the same formality as this Agreement, represents the entire and integrated agreement between Utility and Applicant and supersedes all prior and contemporaneous oral and written communications, representations, and agreements relating to the subject matter of the Agreement.

13.

Miscellaneous Provisions

13.1

Indemnity. Applicant agrees to indemnify Utility, its directors, officers, employees, and contractors against and from any claims, losses, costs, suits, judgments, damages, and expenses, including but not limited to attorneys' fees, that arise from or are based upon

(A) Applicant’s breach of any representation, warranty, or undertaking under the Agreement, (B) the acts or omissions of Applicant, or its employees, agents, contractors or subcontractors, in connection with this Agreement, and (C) bodily injury to or death of any person (including employees of Utility) or damage to or loss of use of property resulting from the acts or omissions of Applicant, or its employees, agents, contractors or subcontractors, in connection with this Agreement. This indemnity will be effective regardless of any negligence (whether active, passive, derivative, joint, concurrent or comparative) on the part of Utility, unless caused solely by the gross negligence or willful misconduct of Utility. For purposes of Utility’s enforcement of this indemnity only, Applicant expressly waives all immunity given to Applicant under the workers’ compensation laws or other employee benefits acts of any state or jurisdiction that conflicts with Applicant’s indemnification obligations under this Section.

13.2

Assignment. This Agreement will be binding upon the successors and assigns of both Parties effective upon receipt of written consent of the non-assigning Party, such consent not to be unreasonably withheld. But either Party may assign this Agreement with written notice, but without the consent of the other Party, to any successor corporation in any merger. However, no assignment is effective until after Applicant’s successor or assignee agrees in writing to assume all obligations and liabilities under this Agreement and, in Utility’s discretion, provides security in a form acceptable to Utility (such as cash or a letter of credit).

13.3

Limitation of Damages. Notwithstanding anything to the contrary, Utility is not liable to Applicant for any consequential, indirect, exemplary or incidental damages, including but not limited to damages based upon delay, lost revenues or profits. This Section survives default, expiration, or termination of this Agreement or excuse of performance for Force Majeure or otherwise.

13.4

Choice of Law and Venue. The Agreement is governed by and construed in accordance with the laws of the State of Nevada, without giving effect to its choice or conflicts of laws provisions. All actions that are beyond the scope of the Commission’s jurisdiction must be initiated in the courts of Washoe County, Nevada or the federal district court with jurisdiction over Washoe County, Nevada. Applicant agrees it will not initiate an action against Utility in any other jurisdiction.

13.5

No Waiver. The failure of either Party to enforce any of the provisions of the Agreement at any time, or to require performance by the other Party of any of the provisions of the Agreement at any time, will not be a waiver of any provisions, nor in any way affect the validity of the Agreement, or the right of any Party to enforce each and every provision.

13.6

Independent Contractor. Applicant is an independent contractor for all purposes of the Agreement, and all persons engaged in fulfilling Applicant’s obligation under the Agreement are employees, agents, contractors, or subcontractors of Applicant and not the employees, agents, contractors, or subcontractors of Utility. Nothing in the Agreement or any contract/subcontract by Applicant will create any contractual relationship between Applicant’s contractor/subcontractor and Utility.

13.7

Interpretation. Each Party to this Agreement acknowledges that it has carefully reviewed the Agreement and that each fully understands and has participated in drafting its provisions, and, accordingly, the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party are not to beemployed or used in any interpretation of this Agreement.

13.8

Amendments. Any change, modification, or amendment to the Agreement is not enforceable unless consented to in writing by the Parties and executed with same formality as this Agreement.

13.9

No Third-Party Beneficiaries. Nothing expressed or implied in this Agreement is intended, or should be construed, to confer upon or give any person or entity not a party to this Agreement any third-party beneficiary rights, interests, or remedies under or by reason of any term, provision, condition, undertaking, warranty, representation, or agreement contained in this Agreement.

13.10

Remedies. All rights and remedies of Utility provided for in the Agreement will be cumulative and in addition to, and not in lieu of, any other remedies available to Utility at law, in equity, or otherwise.

13.11

Headings; Exhibits; Cross References. The headings or section titles contained in this Agreement are used solely for convenience and do not constitute a part of this Agreement, nor should they be used to aid in any manner in the construction of this Agreement. All exhibits attached to this Agreement are incorporated into the Agreement by reference. All references in this Agreement to Sections, Subsections, and Exhibits are to Sections, Subsections, and Exhibits of or to this Agreement, unless otherwise specified. And, unless the context otherwise requires, the singular includes the plural and the plural includes the singular and the neuter includes feminine and masculine.

13.12

Discretion. Reference in this Agreement to the "discretion" of a Party means the Party's sole and absolute discretion. Such discretion is not subject to any external standard, including but not limited to any standard of custom, "good faith" or reasonableness.

13.13

Severability. If any portion or provision of the Agreement is invalid, illegal, or unenforceable, or any event occurs that renders any portion or provision of the Agreement void, the other portions or provisions of the Agreement will remain valid and enforceable. Any void portion or provision will be deemed severed from the Agreement, and the balance of the Agreement will be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The Parties further agree to amend the Agreement to replace any stricken portion or provision with a valid provision that comes as close as possible to the intent of the stricken portion or provision.

13.14

Counterparts. The Parties may execute this Agreement in counterparts. Each counterpart, when signed and delivered, is deemed an original and, taken together, constitutes one and the same instrument. A facsimile or email copy of a signature has the same legal effect as an originally-drawn signature.

13.15

Performance of Acts on Business Days Any reference in this Agreement to time of day refers to local time in Nevada. All references to days in this Agreement refer to calendar days, unless stated otherwise. Any reference in this Agreement to a “business day” refers to a day that is not a Saturday, Sunday or legal holiday (or observed as a legal holiday) for Nevada state governmental offices under the Nevada Revised Statutes. If the final date for payment of any amount or performance of any act required by this Agreement falls on a Saturday, Sunday or legal holiday, that payment is required to be made or act is required to be performed on the next business day.

13.16

Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE

PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN

RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR

IN CONNECTION WITH THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY

RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN

WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS

NOT BEEN WAIVED.

14.

Term and Termination

14.1

Term of Agreement. This Agreement is effective on the Effective Date and will continue for a term of two (2) years unless otherwise terminated under the provisions of this Agreement.

14.2

Surviving Obligations. Any default, expiration, or termination of this Agreement or excuse of performance for Force Majeure or otherwise does not release Applicant from any liability or obligation to Utility for:

Obligations under Section 4.3;

Obligations under Section 4.4;

Obligations under Section 4.7;

Obligations under Section 6;

(E)

Obligations under Section 7

(F)

Obligations under Section 9;

(G)

Obligations that arise under Section 13.1; and

(H)

Payment of all Costs, whether incurred before or after default, expiration or termination or excuse of performance, and payment of all Costs that result from termination or excuse of performance.

The provisions of Section 3.8, Section 4.5, Section 4.6, Section 12.1, Section 13.3, Section 13.4, Section 13.16and Section 15 continue to apply to this Section.

15.

Notices

15.1

Method of Delivery; Contacts. Each notice, consent, request, or other communication required or permitted under the Agreement must be in writing, delivered personally or sent by certified mail (postage prepaid, return receipt requested), by facsimile (with electronic confirmation of receipt), or by a recognized international courier, and addressed to the Party’s Project Coordinator as follows:

Utility:

NV Energy Paul A Winters Physical Address: 1 OHM PLACE, RENO, NV 89502 Mailing Address: PO BOX 10100, MAIL CODE R77CSE, RENO, NV 89520 Telephone No.: +1 (775) 834-7296 Email Address: Paul.Winters@nvenergy.com

Applicant:

Brodie Lynch Physical Address: 2460 FAIRVIEW DR, CARSON CITY, NV, 89701 Mailing Address: 2460 FAIRVIEW DR, CARSON CITY, NV, 89701 Telephone No.:

Email Address: brodie.s.lynch.civ@army.mil

15.2

Notice to Utility’s Legal Department. For any notice given by Applicant to Utility under Section 8 and Section 10, Applicant must also send a copy to:

NV Energy Attn: Legal Department 6226 West Sahara Avenue, M/S 3A Las Vegas, Nevada 89146

15.3

Receipt of Notice; Change of Information. Each notice, consent, request, or other communication is deemed to have been received by the Party to whom it was addressed

(A) when delivered if delivered personally; (B) on the third business day after the date of mailing if mailed by certified mail; (C) on the first business day after the facsimile transmission if delivered by facsimile; or (D) on the date officially recorded as delivered according to the record of delivery if delivered by courier. Each Party may change its Project Coordinator or contact information for purposes of the Agreement by giving written notice to the other Party in the manner set forth above.

16.

Definitions

In addition to other terms defined elsewhere in this Agreement, the terms below have the following meanings.

16.1

Acceptance: Utility’s written acknowledgement that a particular component of applicable drawings or work is, to the best of its knowledge, compliant with applicable Utility Standards.

16.2

Adjustment: Any addition to, alteration, relocation, removal or retirement of Utility facilities.

16.3

Advance: Two components consisting of CIAC and the Tax Effect.

16.4

Advance Subject to Refund: The portion of the Advance that is eligible for refund.

16.5

Commission: Public Utilities Commission of Nevada

16.6

Contributions in Aid of Construction (“CIAC”): The portion of the Advance that is not eligible to be offset by the Allowance and is not eligible for a refund, including but not limited to those Costs referred to in Rule 9, Sections B.1.a., B.1.d, and G.2.d and, if applicable, Rule 16, Sections A.1.a and A.1.c.

16.7

Cost or Costs: Direct and related indirect costs associated with this Agreement, including those incurred by Utility in good faith before the Effective Date. Cost or Costs include but are not limited to: permitting; labor; engineering; surveys; material acquisition, handling and storage; contractors and subcontractors; third; administrative and general overheads; local, state and federal taxes and assessments; Allowance for Funds Used During Construction (AFUDC); appraisals; Tax Effect; and improvements to real property that are related to the Utility facilities but not directly related to gas service requirements, such as fencing and landscaping.

16.8

Cost True-Up: The accounting process in which Utility compares actual Costs to the estimated Costs.

16.9

Development: Applicant’s project on the Property for which Applicant has requested gas service from Utility which might include new service and/or the alteration of existing Utility facilities (such as replacing a service line excess flow valve). Utility will assign a project identification number (“PID”) to this project.

16.10

Effective Date: The date this Agreement is last signed below.

16.11

Force Majeure: An event or condition that is beyond the affected Party’s control and occurs without the fault or negligence of the affected Party. Force Majeure may include, but is not limited to, government agency orders, war, riots, acts of terrorism, civil insurrection, fires, floods, earthquakes, epidemics, weather, strikes, lock-outs, work stoppages and other labor difficulties.

16.12

Gas Extension Project: The Utility facilities that will be added, altered, relocated or retired in order to provide or retire gas service and/or a service line excess flow valve.

16.13

In-Service Date: The date on which (a) the facilities that are the subject of this Agreement are, in Utility’s discretion, operational and have passed all required testing as part of Utility’s gas system and (b) Utility has made gas service through those facilities available to the Development.

16.14

Laws: Any federal, state, or local code, ordinance, rule, statute, enactment, regulation, or order. Any specific reference to a Law in this Agreement refers to the Law as amended from time to time unless otherwise specified.

16.15

Permit: Any applicable approval, permit, consent, waiver, exemption, variance, franchise, order, authorization, right, action, or license required from any federal, state, or local governmental authority, agency, court or other governmental body having jurisdiction over the matter in question which is necessary for the Parties to perform their obligations under this Agreement and under the applicable Laws. Any specific reference to a Permit in this Agreement refers to the Permit as amended from time to time unless otherwise specified.

16.16

Project Coordinator: The individual with authority to act on behalf of Utility or Applicant for purposes of the Agreement, as identified in Section 15.1.

16.17

Property: The premises owned or controlled by Applicant commonly known as MT LIMBO ST and further described as being within 08614304 .

16.18

Property Rights: Real property rights, including but not limited to easements, rights of entry, subordination agreements, conveyances, deeds, use agreements, Permits, prescriptive rights, and rights-of-way.

16.19

Rule 1: Utility’s Gas Service Rule No. 1, Definitions. Rule 1 is part of the Tariff Schedules.

16.20

Rule 16: Utility’s Gas Service Rule No. 16, Service Connections, Meters and Customer’s Facilities. Rule 16 is part of the Tariff Schedules.

16.21

Tariff Schedules: The entire body of effective rates, charges, and rules, collectively, of Utility as set forth in its rate schedules and rules for gas customers, as those rates, charges, and rules are amended or supplemented from time to time. However, Rule 16, Section A is the version in effect on the Effective Date.

16.22

Tax Effect: The amount of any gross-up on Utility tax liability under Section 118 of the Internal Revenue Service Code for Advances Subject to Refund, CIAC, and Applicant’s non-cash contributions that Applicant must pay in accordance with NAC § 704.6532.

Any applicable Tax Effect will be payable and applied at the rate in effect as of the date the Agreement was prepared, which is .

16.23

Utility Standards: Utility’s required design, construction, material, and testing specifications as provided in writing to Applicant on Utility’s website, as subsequently revised as deemed appropriate in Utility’s discretion.

Exhibit A Design

[Attached]

BRAVO AVE

M O

U N

T

LI

M

BO

S T

4601 COCOA AVE

8614304

(P ) 1

" P

E

(P) 2" STICK EFV

STK# 43-2054

5500CFH

(A ) A

BA

N

D O

N

" P

E

(E) 23'± 3/4"" PE

(E) 29'± 3/4"" PE

(P) 23'± 2" PE

(P) 2" CV

STK# 43-2030

(P) 160'± 2" PE COMPLETE

SINGLE SERVICE

(SEE GSTI-DEB)

(P) (5) 2" EFC'S

STK# 45-0642

(P) 5M GAS METER

(SEE GGMI-JAD)

UDL/DL- 3,798 CFH

CONTRACTOR TO

PROVIDE ALL

TRENCHING AND

BACKFILL.

(P) 1" EFC

STK# 45-0638

(P) 1" PE CAP

STK# 45-0153

(A) ABANDON

160'± 1" PE

SE

(E) 126'± 2" PE GAS ALONE

(E) 200'± 2" PE GAS ALONE

Phone:

Phone:

Service Address:

Email:

Service Pipe Size:

City: Gas Inspection Line:

APN:

NVE Coordinator:

TRS:Contact Name:

Exhibit A

Email:

Meter Size:

Service length:

Pressure:

AUD#:

GAS#:

P.O. Box 10100 R77CSE Reno, NV.

89520-0024

NOTE: DEVELOPER IS RESPONSIBLE FOR ADHERENCE TO NV ENERGY GAS AND ELECTRIC STANDARDS.

CONSTRUCTION STANDARDS CAN BE FOUND ON-LINE AT THE FOLLOWING WEB SITE:

http://www.nvenergy.com/account-services/building-and-new-construction

CUSTOMER OWNED YARD LINES PROHIBITED!

CREW TO CHARGE SERVICES TO BLANKET

Drawing is not to scale.

PG# 1

Developer Name:

NVE GAS STANDARDS

https://www.nvenergy.com/business/building-and-new-construction/gas-service-standards

Utility Designer

Engineer Design Admin

Cathodic Protection

G-4601 COCOA AVE-SO-COL-G-NV NATIONAL GUARD

11857072 11857072

NEVADA NATIONAL GUARD

Brodie Lynch 775-884-8458 brodie.s.lynch.civ@army.mil

4601 COCOA AVE.

RENO

08614304 2119-29

WINTERS, PAUL

(775)834-7296 Paul.Winters@nvenergy.com gasinspection@nvenergy.com

160' 2"

5M 7" WC

https://www.nvenergy.com/business/building-and-new-construction/gas-service-standards https://www.nvenergy.com/business/building-and-new-construction/gas-service-standards

PG# 2

SYMBOLS ARE NOT TO SCALE AND DO NOT NECESSARILY REPRESENT ACTUAL LOCATIONS OF FACILITIES.

APPLICANT TO FURNISH AND/OR INSTALL:

· ALL TRENCHING, BACK FILL AND COMPACTION UNLESS OTHERWISE NOTED ON DRAWING / SIEVE TESTS (PER NVE STDS. TE0001 AND SUB01X).

· ALL STAKING / SURVEY NECESSARY TO CLARIFY RIGHT-OF-WAY, EASEMENTS, PROPERTY LINES AND ELEVATIONS, ETC.

· ALL NECESSARY PERMITS, PAVEMENT CUTTING, PAVEMENT REMOVAL AND PAVEMENT REPLACEMENT.

· ALL REQUIRED LINE PRESSURE TESTS AND WELDING / FUSION QUALITY TESTS (PER NVE STD. GCS01G).

· ADDRESSES OR BUILDING DESIGNATION.

· GAS SERVICES PASSING BENEATH RETAINING WALLS, DRIVEWAYS, PATIOS, AND DECORATIVE WALKWAYS REQUIRE THE FOLLOWING MEDIUM DENSITY PIPE SLEEVES:

· 3/4'' SERVICE, 1-1/4'' SLEEVE

· 1'' SERVICE, 1-1/2'' SLEEVE

· 1-1/4'' AND 2'' SERVICES, 3'' SLEEVES

· THREADED ELBOW ON PRIVATE LINE FOR THREADED CONNECTION TO NVE'S METER.

· CONCRETE GAS METER PEDESTAL FOR LARGE METER SETS.

NV ENERGY TO FURNISH AND/OR INSTALL:

· STATE OF NEVADA ENCROACHMENT PERMIT.

· FIELD INSPECTOR TO INSPECT SERVICES.

· HOT TAP AND/OR TIE-IN LABOR

· GAS MANIFOLDS AND METERS.

· GAS SERVICE PIPE FROM MAIN OR CURB VALVE TO METER LOCATION IN APPLICANT PROVIDED TRENCH.

· Email: Gasinspection@nvenergy.com, FOR METER COORDINATION PRIOR TO CONSTRUCTION.

GENERAL COMMENTS:

· CONTRACTOR TO EMAIL GAS INSPECTION GASINSPECTION@NVENERGY.COM 48 HOURS PRIOR TO START OF CONSTRUCTION TO SCHEDULE ON-SITE INSPECTION.

· FOR INSTALLATION OF A SERVICE ONLY COMPLETIONS CALL (775) 834-7281

(INCLUDE WORK ORDER NUMBER, ALONG WITH NAME AND PHONE NUMBER OF PROJECT FOREMAN, IN VOICE MESSAGE)

· APPLICANT TO NOTIFY NVE OF ANY DESIGN OR ADDRESS CHANGES.

· ALL MATERIAL, INCLUDING BACK FILL, SHALL BE AT THE JOB SITE PRIOR TO START OF CONSTRUCTION.

· ALL WORK SHALL BE ACCOMPLISHED IN STRICT ACCORDANCE WITH THE SPECIFICATIONS SET FORTH IN THE GAS DISTRIBUTION GUIDE, VOL. 15, AS CURRENTLY ADOPTED BY NVE. THE

CONTRACTOR SHALL SECURE COPIES OF THE AFOREMENTIONED CONSTRUCTION SPECIFICATIONS ON HIS OWN BEHALF.

· https://www.nvenergy.com/account-services/building-and-new-construction/gas-service-standards

· THIS MAP ILLUSTRATES DATA COLLECTED FROM VARIOUS SOURCES AND MAY NOT REPRESENT A SURVEY OF THE PREMISES. NO RESPONSIBILITY IS ASSUMED AS TO THE SUFFICIENCY OR

ACCURACY OF THE DATA DISPLAYED HEREON.

· PRIOR TO EXCAVATION, CHECK TO ENSURE ADDITIONAL DEPTH IS NOT REQUIRED TO ACCOMMODATE WATER OR ELECTRIC FACILITIES.

· GAS METER BARRIER POSTS MAY BE REQUIRED. REFER TO NVE STD. GM-0040G.

· GAS METER SAFETY CLEARANCES MUST BE MAINTAINED. REFER TO NVE STD. GM0010G.

· ALL GAS METER LOCATIONS TO BE WITHIN 10' OF THE FRONT CORNER OF BUILDINGS.

· GAS METER TO BE LOCATED OUTSIDE OF FENCING. SAFETY CLEARANCES MUST BE MAINTAINED.

PG# 3

Inspection Line:

DOOR OR

ELECTRIC

PANEL

LOCATION

REGULATOR

VENT

VENT

NON-OPENING

WINDOW

OPENING

SIDE OF

WINDOW

VENT

FINISH GRADE

3'-0" 5'-0"

THE REGULATOR VENT SHALL HAVE A MINIMUM CLEARANCE ZONE

OF THREE (3) FEET FROM ANY OPENINGS INTO A BUILDING SUCH

AS OPENING WINDOWS, DOORS, FOUNDATION VENTS, CRAWL SPACES,

ELECTRIC PANELS, ELECTRIC OUTLETS, PHONE AND CATV CONDUITS,

ETC. AND HAVE A MINIMUM CLEARANCE ZONE OF FIVE (5) FEET

FROM POWERED AIR INTAKES (AC UNITS, SWAMP COOLERS, MAKE

UP AIR VENTS, ETC.)

gasinspection@nvenergy.com

PG# 4

SYMBOLS ARE NOT TO SCALE AND DO NOT NECESSARILY REPRESENT ACTUAL LOCATIONS OF FACILITIES.

Inspection Line:

TYPE 2 CLASS B BASE

95% MIN COMPACTION

OR

NATIVE BACKFILL

80% MIN COMPACTION

TYPICAL JOINT SERVICE

TRENCH DETAIL

TYPE 2 CLASS B BASE

95% MIN.

COMPACTION

GAS O D

FINISH GRADE,

EXISTING PAVEMENT

TEMP. AC PATCH

FOR MIN

DEPTH SEE

VOLUME 15

SECTION 3

PART 5

FOR DETAILS ON COMPACTION

AND BACKFILL DEPTHS SEE

VOLUME 15 SECTION 3.4.4.

WARNING

TAPE

12"

MIN.

12"

MIN.

90% MIN.

COMPACTION

E

WARNING

TAPE

TV TEL

SAND BEDDING

G

WARNING

TAPE

SEE NVE DETAIL SUB01X, TE0001U, AND TE0003U

FOR SPECIFIC NOTES AND ADDITIONAL REQUIREMENTS.

12" MIN

60" MIN

FINISH GRADE

O D

O D

O D

O D

NTS

12" MIN

12" MIN

12" MIN

6" MIN

FOR MIN

DEPTH SEE

VOLUME 15

SECTION 3

PART 5

SAND BEDDING

GAS ALONE MAIN

TRENCH DETAIL

90% MIN.

COMPACTION

NTS

6" MIN

O D 12"

MIN.

12"

MIN.

gasinspection@nvenergy.com

Exhibit B

Cost Worksheet

[Attached]

RULE 16 GAS EXTENSION

Page B-1

Cost Worksheet ("Exhibit - B")

Cost Estimate Summary

Total Cost Estimate

Applicant Minimum

Applicant Non-Refundable

NVEnergy Responsibility

Labor & Overhead $1,644.84

$1,644.84

$1,644.84

$0.00

Material & Overhead $1,740.41

$1,740.41

$1,740.41

DCA

Substructure $0.00

Permits & Vouchers

Applicant Installed Costs $0.00

Contigency Cost $0.00

Total Amount $3,385.25

$3,385.25

Advance Calculation - Applicant Minimum

1. Refundable Costs, Subject to Tax

Applicant Minimum Cost

Proportionate Share to be Collected

Proportionate Share Waived

Refundable Costs Subject to Allowance & Excess Salvage Credit

Excess Salvage Credit from 2.A & 2.B to be Applied to Refundable

Initial Allowance Applied

Total Refundable Cost, Subject to Tax

2. Non-Refundable Costs…