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R2013-80 AUTHORIZING SERVICE AGREEMENT FO SUPPLY OF ELECTRICITY
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R2013-80 AUTHORIZING SERVICE AGREEMENT FO SUPPLY OF ELECTRICITY
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Last modified
8/17/2015 10:30:17 AM
Creation date
8/17/2015 10:30:13 AM
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Resolution/Ordinance
Res Ord Num
R2013-80
Res Ord Title
AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE LOWEST RESPONSIBLE BIDDER FOR THE SUPPLY OF ELECTRICITY FOR RESIDENTIAL & SMALL COMMERCIAL RETAIL CUSTOMERS
Department
Development Services
Approved Date
8/3/2013
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l <br /> HOMEFIELD <br /> E N E R G Y <br /> by either Party shall not constitute a waiver of that provision nor shall it affect the enforceability of <br /> that provision or the remainder of this Agreement. <br /> K. No Third-Party Beneficiaries. Nothing in this Agreement is intended to confer third- <br /> party beneficiary status on any person, Individual, corporation or member of the public to enforce <br /> the terms of this Agreement. <br /> L. Validity Agreement. The Parties acknowledge and agree in good faith on the validity <br /> of the provisions, terms and conditions of this Agreement, in their entirety, and each Party <br /> expressly warrants that it has the power and authority to enter into the provisions, terms, and <br /> conditions of this Agreement. <br /> M. Authority to Sian A reeme . Homefield w rrant <br /> twarrants to Aggregator that it is authorized to <br /> execute, deliver and perform this Agreement. The individual signing this Agreement on behalf of <br /> Homefield warrants to Aggregator that he Is authorized to execute this Agreement in the name of <br /> Homefield. Aggregator warrants to Homefield that it has authority to execute, deliver and perform <br /> this Agreement. <br /> N. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, <br /> Aggregator and Homefield and their respective successors, grantees, lessees, and assigns <br /> throughout the Term of this Agreement. <br /> 0. CoulMeraarts. This Agreement may be executed in one or more counterparts, each of <br /> which shall be deemed an original, but all of which shall together constitute one instrument. <br /> P. Subcontractors. Homefield employ a rees toonly those subcontractors that it <br /> 9 Y <br /> determines are reasonably necessary. Subcontractors shall be held to the same strict <br /> confidentiality standards applicable to Homefield, and shall be required to otherwise comply with <br /> the requirements of this Agreement.The use of subcontractors whether approved roved <br /> pp or unapproved <br /> shall not relieve Homefield from the duties, terms and conditions in this Agreement.For purposes <br /> of this Agreement, regional transmission organizations, independent system operators, local <br /> utilities, and renewable energy certificate counterparties are not considered subcontractors. <br /> ARTICLE 9: REPRESENTATIONS AND WARRANTIES <br /> A. Mutual Representations and Warranties. Each Party represents and warrants to the <br /> other Party, as of the date of this Agreement,that: <br /> 1. It Is duly organized and validly existing under the laws of the jurisdiction of its <br /> organization or incorporation, and if relevant under such laws, in good standing; <br /> Ib <br /> I <br />
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