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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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United States mail or courier shall be effective on the next Business Day after it was sent. <br />A Party may change its addresses by providing notice of it in accordance herewith. <br />ARTICLE 15 <br />CONFIDENTIALITY <br />15.1 Confidential Information. Parties to this Contract acknowledge that they are <br />obligated to protect the confidentiality of certain information provided by Luminant to <br />CAPP in the course of negotiating the PPA pursuant to Article 17 of the PPA. Member <br />agrees to be bound by the provisions of Article 17 of the PPA regarding any information <br />that counsel to CAPP indicates in writing should be kept confidential and to promptly <br />advise counsel to CAPP of any request for Public Information pursuant to Chapter 552 of <br />the Texas Government Code for public revelation of confidential information provided to <br />Member in its consideration of this Contract and related documents. <br />ARTICLE 16 <br />ASSIGNMENT <br />16.1 Assignment. Except as provided otherwise in this Contract, neither Party shall <br />assign this Contract or its rights hereunder without the prior written consent of the other <br />Party, which consent shall not be unreasonably withheld or delayed; provided, however, <br />that the assignee is at the time of assignment a Member of CAPP. In no event shall the <br />assigning Party be relieved from liability under this Contract upon assignment. <br />ARTICLE 17 <br />CONTINUING DISCLOSURE <br />17.1 Continuing Disclosure Undertaking of Members. At such time that Member's <br />aggregated unpaid Monthly Capacity Payments equals at least ten percent (10%) of the <br />outstanding principal amount of the Bonds, Member agrees to provide annually to each <br />Nationally Recognized Municipal Securities Information Depositories ("NRMSIR") and <br />any State Information Depositories ("SID") financial information and operating data with <br />respect to the Member of the general type hereinafter described. Subject to the foregoing <br />sentence Member agrees to provide, within 195 days after the end of each Fiscal Year <br />thereof ending in or after 2009, financial information and operating data with respect the <br />Member. Any financial statements so to be provided shall be prepared in accordance <br />with the accounting principles as Member may be required to employ from time to time <br />pursuant to state law or regulation. <br />17.2 Financial Statements. If Member is required to file financial information <br />pursuant to Section 17.1 and Member commissions an audit of such statements and the <br />audit is completed within the period during which they must be provided, the financial <br />statements to be provided shall be audited. If the audit of such financial statements is not <br />complete within such period, then Participating Member shall provide unaudited financial <br />statements and thereafter audited financial statements for the applicable fiscal year to <br />34 <br />
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