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. . . <br /> 12. Changes to Section 10 of the Raw Water Supply Agreement. <br /> a. The first sentence of Section 10 of the Raw Water Supply Agreement shall <br /> be amended and restated in its entirety as follows: <br /> "The parties understand that, as of the date of this Agreement, ADM owns <br /> and operates certain groundwater wells having an aggregate capacity of <br /> approximately 3.0 MGD." <br /> b. The penultimate sentence of Section 10 of the Raw Water Supply <br /> Agreement is hereby amended and restated in its entirety as follows: <br /> "ADM may maintain the capacity of its existing wells but shall not <br /> increase the aggregate capacity of its existing wells to in excess of 3.0 <br /> MDG or install additional wells if the effect of such installation would be <br /> to increase the aggregate capacity of all of ADM's groundwater wells to in <br /> excess of 3.0 MGD." <br /> 13. General. <br /> a. Except as set forth herein, the Purchase Agreement and Raw Water Supply <br /> Agreement shall remain unchanged and unmodified. <br /> b. This Amendment shall be deemed an Illinois contract and any matter <br /> concerning this Amendment shall be determined by Illinois. <br /> c. If any term or provision of this Amendment or the application thereof shall <br /> to any extent be invalid or unenforceable as finally determined by any <br /> court of competent jurisdiction, the remaining portions of this Amendment <br /> shall remain in full force and effect. <br /> [signatures on following page] <br /> 6 <br />