R2012-156 AUTHORIZING AGREEMENT GOOD ENERGY L.P.

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II. Obligations of Municipality. Municipality shall: A. Assist the Service Provider by placing at its disposal all public information peillnent to the services for the project, upon reasonable request. B. Use reasonable efforts to secure release of other data applicable to the Program held by others, including, but not limited to, residential and small commercial customer accounts and load information under the authority granted in the Act. C. Give prompt notice to the Service Provider should Municipality observe, or otherwise become aware of any fault or deficit in the Program, or any nonconformance with the electricity sale and purchase agreement. D. Approve an ordinance to put the opt-out referendum on the ballot on the next election. E. Conduct public hearings and adopt a Plan ofOperation and Governance, each as required by the Act. F. Nothing herein shall be construed to require the Municipality to approve an electricity purchase and sale agreement with an alternative retail electric supplier. III. Term and Termination. The Agreement shall commence on the 20th day of August, 2012 and shall terminate on the date on which an electricity sale and purchase agreement with an alternative retail electric supplier expires or earlier terminates, or as otherwise mutually agreed to by Municipality and the Service Provider. Municipality may terminate this Agreement at any time by giving Service Provider thirty (30) days advance written notice. In the event this Agreement is terminated by Municipality prior to its natural expiration, Service Provider shall be paid for the volume of electricity purchased through the residential and small commercial opt-out contract by the current alternative retail electric supplier through the next meter read date following the date of expiration of any executed (if any) electricity contract with a current alternative retail electric supplier. IV. Payment. Subject to the Municipality's termination rights described in Section III, Municipality agrees that Good Energy fees will be paid by the selected electricity supplier per kWh (volumetrically) for electricity purchased for the duration of the municipal contract. Such fees will be not greater than $0.00075/kWh. In the event the ballot proposition for the approval of an opt-out electricity aggregation program_fails at the next election, the Service Provider shall not receive a fee. V. Relationship of the Parties. The parties acknowledge and agree that Service Provider is an independent contractor and is not an agent or employee of Municipality. Nothing in this Agreement shall be construed to create a relationship between Service Provider and Municipality of a partnership, association, or joint venture. 3