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"Code" means Texas Local Government Code, Title 7, Chapter 271, Subchapter <br />1, Sections 271.151 through 271.160. <br />"Contract" shall mean this Energy Sales Contract and all related exhibits, as <br />same may be amended from time to time by the mutual written agreement of the <br />Parties. <br />"Contract Capacity" means 150 megawatts, being the Contract Capacity acquired <br />by CAPP in the Facilities under the PPA on behalf of Member and the <br />Participating Members. <br />"Contract Energy" has the meaning set forth in the PPA. Additionally, the <br />Parties understand that if, in any Settlement Interval, the output of one or more of <br />the Facilities is less than its Net Rated Capacity, due to a Planned Outage or <br />Forced Outage as provided in the PPA, the Contract Energy may be reduced. In <br />such an event, CAPP shall only receive a share of the output as provided in the <br />PPA. In such event, the reduced amount of output received by CAPP will be <br />delivered to and apportioned between Member and the other Participating <br />Members based on their respective Member's Energy Allocation Percentages. <br />"Contract Price" has the meaning set forth in Section 6.1. <br />"CPT" means central prevailing time. <br />"Day" means the consecutive twenty-four (24) hour period beginning at 12:00:00 <br />a.m. CPT on any calendar day and ending at 12:00:00 p.m. CPT on such calendar <br />day. <br />"Default" has the meaning set forth in Article 11 hereof. <br />"Defaulting Member" shall mean one or more Participating Members that default <br />under a Participant Contract that has been collaterally assigned in whole or in part <br />as security for the repayment of the Bonds. <br />"Delivery Month" has the meaning set forth in the PPA. <br />"Delivery Period" means that period of time in which Energy shall be delivered to <br />CAPP as agent for Member as the Energy is delivered by the Facility Owners <br />under the PPA, commencing on January 1, 2009 at 12:01:00 a.m. CPT and ending <br />on the earlier of: (i) 12:01:00 a.m. CPT on January 1, 2033, (ii) the date and time <br />that the PPA is terminated in accordance with its terms, or (iii) the date and time <br />that this Contract is rightfully terminated in accordance with its terms. <br />"Designated Agent(s)" means service providers such as, but not limited to, REPs, <br />QSEs, and other market service product providers that are engaged from time-to- <br />time by CAPP to act as agents for and representatives of CAPP, Member, and/or <br />6 <br />, 0 00 31 <br />