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revised sheet No. 3 of said Tariff, covering cooling water for air-conditioning, refrigeration, ice machines and other similar equipment, which proposed Tariff was suspended by the order of the said Public Service Commission. Public hearing with respect to both of said Tariff items has been held and the matter submitted to the Commission in I. & S. Docket 142 and Case No. 1221. It is agreed that there shall not be assigned to the District on the sale date or added to the purchase price any amounts due the Water Company from customers for service furnished under either of said Tariff items or any Tariff item for such service prescribed by the Commission as a result of the hearing above m e n tioned unless the District shall consent thereto in said escrow. It is further agreed that the Water Company shall assume any liability existing upon the sale date for refund to customers of any amounts to customers for payments made prior to the sale date for cooling water furnished by the Water Company for air-conditioning, refrigeration, ice making or other similar equipment . Section 1 0 . There shall be deducted from the basic pur chase price to be paid by the District upon the sale date the fol lowing amounts: (a) The unrefunded amounts subject to refund as of the sale date under all contracts made by the Water Company, or its successors in ownership for additions and betterments to and extensions of its said distribution system, pursuant to Rule 9 of the said Rules and Regulations of the Water Company or its successor or similar rules contained in the Rules and Regulations of the Water Company previously on file with the Public Service Commission of the State of Nevada. (b) Except as hereinafter stated, the cost, determined as hereinafter provided, less the depreciation accrued thereon as of September 1, 1952, of any property mentioned in subparagraphs (b), (d), (e), (f) and (g) of Section 1 hereof which was retired subsequent to September 1, 1952, and prior to the sale date. In the case of such property owned either by the Water Company or the Railroad Companies on September 1, 1952, said cost is to be determined by using the book cost of such property and depreciation thereof! as recorded in said above mentioned books of account. Notwithstanding the provisions of this subparagraph (b) no deduction shall be made from the basic purchase price 2 6 .