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05 Finance
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05 Finance
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Last modified
8/23/2012 9:27:47 AM
Creation date
12/12/2008 1:42:53 PM
Metadata
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Template:
AGENDA
Item Number
05
AGENDA - Type
MISCELLANEOUS
Description
Electric power contract with CAPP
AGENDA - Date
12/15/2008
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Member desires to acquire electricity property pursuant to this Contract as <br />described herein from CAPP, and such personal property is deemed by the governing <br />body of Member to be necessary, useful, and/or appropriate for the purposes of Member <br />as contemplated by Section 304.001, Government Code, as amended. <br />In consideration of the mutual undertakings contained herein, and for other good <br />and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged and confessed, the Parties agree as follows: <br />ARTICLE 1 <br />DEFINITIONS AND <br />PRINCIPLES OF INTERPRETATION <br />1.1 Definitions. The following capitalized terms shall have the following meanings <br />assigned to them under this Contract unless the context shall clearly indicate otherwise: <br />"Aggregated Expenses" shall mean the sum of charges to CAPP that are payable <br />under the PPA to the Facility Owners and under a Wrap Contract for: (a) <br />adjustments to the Capacity Prepayment under Section 4.2(b) of the PPA, (b) <br />sums charged to CAPP under Section 3.3 of the PPA, (c) the amount of Disputed <br />Charges that are payable by CAPP under Section 8.3 of the PPA or as a result of <br />an Audit under Section 8.4 of the PPA, (d) sums payable by CAPP under Article <br />10 of the PPA, (e) sums, if any, required for the indemnity of the Facility Owners <br />under Section 13.1 of the PPA, (f) Governmental Charges payable by CAPP <br />pursuant to Section 20.1 of the PPA, (g) New Governmental Charges payable by <br />CAPP pursuant to Section 20.2 of the PPA, (h) the cost of environmental <br />improvements that are required to be paid by CAPP under the PPA, (i) any <br />unforeseen non-recurring expenses approved by CAPP, and (j) the amount of any <br />Seller Termination Payment due by CAPP to the Facility Owners pursuant to <br />Article 12 of the PPA. The amount of Aggregated Expenses shall be reduced by <br />(i) credits to the Capacity Prepayment under Section 4.2(a) of the PPA, (ii) credits <br />under Section 3.4 of the PPA on account of the failure of the Facility Owners to <br />deliver the Products to CAPP, and (iii) the amount of Disputed Charges that are <br />payable by the Facility Owners to CAPP under Section 8.3 of the PPA or as a <br />result of an Audit under Section 8.4 of the PPA. <br />"Alternate Energy" has the meaning set forth in the PPA. <br />"Appropriate", "Appropriated", and/or "Appropriation" means, with respect to <br />any Energy Payment that Member is obligated to make under this Contract during <br />a Fiscal Year, the adoption by the governing body of Member of a budget for such <br />Fiscal Year that includes such payment. <br />"Available Funds" means, when used to describe funds of Member, those funds <br />of the Member which have been lawfully Appropriated, within the sole and <br />4 <br />
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