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<br /> <br /> <br />STANDARD AGREEMENT FOR PROFESSIONAL SERVICES <br />Agreement for Services <br />THIS PROFESSIONAL SERVICESAGREEMENT(“Agreement”) is made this <br />th <br />27 day of November, 2023, by and between ELK RIVER MUNICIPAL UTILITIES <br />(“Utilities”) and FRONTIER ENERGY, INC., aCalifornia corporation (“Consultant”). Utilities <br />and Consultant, in consideration of the mutual covenants set forth herein, agree as follows: <br /> <br />1. Services of Consultant. Consultant shall perform energy savings calculations and <br />assist in the management of Utilities’ commercial and residential energy conservation programs <br />based upon Consultant’s Scope of Work as detailed in Exhibit A (the “Services”). Consultant shall <br />exercise the same degree of care, skill, and diligence in the performance of the Services as is <br />ordinarily possessed and exercised by a professional Consultant under similar circumstances. No <br />other warranty, expressed or implied, is included in this Agreement or in any drawing, <br />specification, report, or opinion produced pursuant to this Agreement. The Services will include <br />energy savings calculations, identification of rebate opportunities for custom commercial and <br />industrial energy efficiency projects, assistance in the management of Utilities’ commercial and <br />residential energy conservation programs, and facilitation of communications between Utilities <br />and its customers. Consultant is an independent provider of professional services, responsible for <br />means and methods used in performing Consultant’s services pursuant to this Agreement. <br />2.Effective Date and Term. <br /> <br />2.1 This Agreement shall be effective upon execution by Utilities and Consultant, and <br />the term of this Agreement shall continue through December 31, 2026. <br /> <br />2.2 Utilities may terminate this Agreement at any time by giving sixty (60) days written <br />notice to Consultant (the “Termination Notice”). The Parties’ obligations hereunder shall <br />terminate on the date that is sixty (60) days after the date of the Termination Notice (the <br />“Termination Date”). Upon any such termination, Consultant shall be entitled to receive, and <br />Utilities shall be obligated to pay, all fees for services rendered by that date. <br />2.3 Consultant may terminate this Agreement at any time by giving thirty (30) days <br />written notice to Utilities(the “Termination Notice”). The Parties’ obligations hereunder shall <br />terminate on the date that is thirty (30) days after the date of the Termination Notice (the <br />228829v1 <br /> <br />