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CONFIDENTIAL <br /> SECTION I. Sale and Purchase of Electricity <br /> l (a) The Agency agrees to sell and at the point(s)of delivery deliver to the City,and <br /> the City agrees to purchase and receive(Take or Pay)from the Agency,commencing October , <br /> 2018,and extending through the term of this Agreement,at the rates set forth under Section 3 of <br /> this Agreement,all electric power and energy which the City shall require to meet the needs of its <br /> customers. <br /> (b) In the event that,pursuant to the Public Utility Regulatory Policies Act of 1978 <br /> or other provisions of law,electric power is required to be purchased from a small power <br /> production facility,a cogeneration facility or other facility,the City and the Agency shall use <br /> their best efforts to arrange for such purchases to be made by the Agency. If such arrangements <br /> cannot be made,then the City shall make the required purchases and sell the power purchased to <br /> the Agency. The City shall appoint the Agency to act as its agent in all dealings with the owner <br /> of such facility from which power is to be purchased and in connection with all other matters <br /> relating to such purchases. <br /> SECTION 2. Service Characteristics,Point of Delivery,Ownership of Facilities <br /> (a) Service Characteristics. Electric power and energy to be furnished under this <br /> Agreement shall be three-phase,60 hertz,at 69 kv or higher voltage. <br /> (b) Point of Delivery. A Point of Delivery shall mean that point at which the <br /> facilities of the City are connected to the transmission system which the Agency shall use to <br /> deliver electric power and energy to the City. Schedule B attached to this Agreement shows the <br /> facilities required for the connection between the Agency and the City,the location(s),the <br /> • <br /> voltage(s),the Point(s)of Delivery,the point(s)of metering and the ownership of the facilities. <br /> This Schedule may be amended from time to time to reflect changes as agreed upon by the <br /> Agency and the City. <br /> 3 <br />