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SECTION 4 OBLIGATIONS AND RIGHTS OF MEMBER: <br />MEMBER will honor the terms of its CESA and promptly pay or promptly dispute invoices <br />from its REP. MEMBER will comply with the confidentiality and non -disclosure <br />obligations contained in its CESA and Section 7 of this AGREEMENT. MEMBER will <br />designate one or more individuals to receive notices and updates from TCAP and will <br />promptly update contact information. MEMBER will pay aggregation fees to support the <br />non-profit functions of TCAP assessed annually by the TCAP Board of Directors and <br />recovered as part of the energy charges paid to REP. Also, MEMBER will pay or receive <br />refunds equal to the Quarterly Adjustment and the Annual Adjustment mutually agreed <br />upon by TCAP and the Energy Manager to address certain variable costs and charges, <br />including costs imposed by ERCOT, such payment or receipt of funds subject to the reserve <br />account as further described herein. TCAP members will fund, and TCAP will maintain <br />and administer, a reserve account to facilitate the reconciliation of any Quarterly <br />Adjustments or Annual Adjustments by collecting any excess amounts paid and/or paying <br />any deficient amounts incurred (as possible). The reserve account balance will be <br />maintained at a minimum level to cover anticipated future needs for up to two (2) years. <br />The TCAP Board may vote to refund to members amounts in excess of future anticipated <br />needs. Any monies remaining in the reserve account at the dissolution of TCAP will be <br />refunded to current membership at the time of dissolution. TCAP is owned and controlled <br />by its members and is governed by a Board of Directors consisting of employees or elected <br />officials of members. Consistent with TCAP's Bylaws, each MEMBER has a right to <br />nominate its representative to serve on the Board of Directors and has a right to vote in <br />annual elections of Board members. MEMBER has a right to attend or monitor each Board <br />meeting. TCAP has a financial audit performed each year and MEMBER has a right to a <br />copy of the annual audit upon request. <br />SECTION 5 TCAP SERVICES TO MEMBER: <br />A. Procurement of Energy Supplies and REP Services <br />1. TCAP Procurement Services and Capabilities <br />TCAP will assist prospective members in reviewing market conditions and in estimating <br />the most price opportune time to contract for energy supplies. TCAP will work with <br />MEMBER to achieve a competitive price that balances supply security and risk tolerance <br />while maintaining superior billing and customer services. As a political subdivision <br />corporation, offering electricity procurement to political subdivisions, TCAP has the ability <br />to procure wholesale energy supplies and REP services separately to secure the most <br />effective combination of competitively priced energy supplies and superior billing and <br />customer services. TCAP may utilize either wholesale or retail sources of power, or some <br />combination of both. TCAP may utilize multiple suppliers with different generation <br />resources. TCAP will solicit bids from multiple sources for energy supplies. TCAP <br />aggregates the load of all members to maximize clout in negotiating contract terms. <br />TCAP's objective in negotiations with suppliers is to continue obtaining favorable terms <br />