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SECTION 9 COUNTERPARTS: <br />This AGREEMENT may be executed in multiple counterparts, each of which shall be <br />deemed an original, and all of which shall constitute but one and the same instrument. <br />SECTION 10 DEFINITIONS: <br />"Annual Adjustment" shall mean either a credit to MEMBER for the over -collection of <br />funds, or a charge to MEMBER for under -collection of funds, related to Power Project <br />settlements, if applicable. For those MEMBERS that participate in SHP, the Annual <br />Adjustment shall also include (i) adjustments related to the loss factor for each specific <br />ERCOT zone and (ii) adjustments related to load reconciliation as determined by TCAP, <br />the Energy Manager and the REP. <br />"Energy Manager" means the wholesale market participant selected by TCAP to conduct <br />SHP procurements at TCAP's direction, in accordance with Section 5A and Section 7 of <br />this Agreement. The Energy Manager may sell all or a portion of the required wholesale <br />energy to TCAP or TCAP's REP. <br />"Power Project" means a power generation project identified by TCAP to supply electric <br />energy to one or more TCAP Members. <br />"Project Addendum" means the Addendum for a Power Project, if any, signed and <br />attached as an Exhibit to MEMBER'S CESA. <br />"QSE Services Fee" means the QSE Services Fee in affect during the Delivery Term, as <br />agreed between TCAP and Energy Manager. <br />"Quarterly Adjustment" shall mean either a credit to MEMBER for the over -collection <br />of funds, or a charge to MEMBER for under -collection of funds, related to (i) ERCOT <br />zonal congestion charges and (ii) ancillary services charges and other charges imposed by <br />governmental agencies or ERCOT upon wholesale suppliers or REPS under statutes, <br />regulations or courts for services within ERCOT zones. Said charges or refunds will be <br />proportional to MEMBER's relative contribution to TCAP load within specific ERCOT <br />zones. <br />"Retail Electric Provider" or "REP" means the Retail Electric Provider that is party to <br />(i) the REP Services Agreement with TCAP and (ii) the CESA between itself and <br />MEMBER for the provision of retail electric service. <br />"Strategic Hedging Program" or "SHP" means an energy procurement strategy <br />approved by TCAP's Board of Directors, overseen by TCAP's designated consultants, and <br />administered by TCAP's appointed Energy Manager, whereby wholesale energy is <br />solicited and procured at agreed upon intervals, as directed by TCAP. <br />