By Harris S.C.R. No. 41 74R3293 MDR-D CONCURRENT RESOLUTION 1-1 WHEREAS, Tenneco Power Generation Company alleges that: 1-2 (1) on or about September 27, 1993, it entered into a 1-3 contract with the board of regents of The Texas A&M University 1-4 System; 1-5 (2) under the contract, it was to develop and operate 1-6 a cogeneration facility to supply Texas A&M University with 1-7 electrical energy and capacity, steam, hot water, and chilled 1-8 water; 1-9 (3) it worked in good faith to comply with all terms 1-10 of the contract as construction on the facility progressed under 1-11 the timeline prescribed by The Texas A&M University System; 1-12 (4) The Texas A&M University System failed to use 1-13 reasonable efforts to fulfill the conditions and duties imposed on 1-14 the system by the contract; 1-15 (5) The Texas A&M University System notified Tenneco 1-16 Power Generation Company that it had unilaterally decided to 1-17 abrogate and rescind the contract despite the fact that Tenneco 1-18 Power Generation Company had complied with all conditions of the 1-19 agreement and was working toward completion; and 1-20 (6) Tenneco Power Generation Company is entitled to 1-21 damages due to the breach of contract by The Texas A&M University 1-22 System; now, therefore, be it 1-23 RESOLVED by the Legislature of the State of Texas, That 1-24 Tenneco Power Generation Company is granted permission to sue the 2-1 State of Texas and the chancellor of The Texas A&M University 2-2 System subject to Chapter 107, Civil Practice and Remedies Code; 2-3 and, be it further 2-4 RESOLVED, That the chancellor of The Texas A&M University 2-5 System be served process as provided by Section 107.002(a)(3), 2-6 Civil Practice and Remedies Code.