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� , . <br /> Buyer acknowledges that the pricing herein includes a negotiated fee paid to third party intermediaries involved in <br /> the negotiation and execution of this Confirmation. Buyer acknowledges that the intermediary is not an agent of <br /> Seller and,thus, is not authorized to bind or represent Seller. <br /> Buyer acknowledges that the Pricing above has been established based on the aggregate 12-month historical <br /> usage for all Accounts on this Confirmation as of the date of this Confirmation(as determined by the utility)(the <br /> "Baseline"). Any future additions to or deletions from to the Accounts on this Confirmation shall not result in a <br /> change to the Baseline. Buyer and Seller agree that Buyer may remove Accounts from Seller's service without <br /> Early Termination Damages applying until the total load for all Accounts equals 80%of the Baseline. Until such <br /> time as Buyer's total aggregate load of the Accounts served by Seller drops to 80%of the Baseline,Seller will not <br /> charge and Buyer shall not be responsible for Early Termination Damages. If Buyer removes sufficient Accounts <br /> such that Buyer's the total aggregate load of the Accounts served by Seller drops below 80%of the Baseline, Early <br /> Termination Damages shall apply to any additional removal of Accounts, as calculated pursuant to Section VI(B)of <br /> the Agreement as if Buyer was the Defaulting Party. <br /> In the event that Buyer desires to enroll additional Accounts to Seller's service, Seller will only honor the above <br /> Pricing if the market price has not materially changed from the date of this Confirmation, in Seller's sole discretion. <br /> r �^ ��. �� ,�<. <br /> Buyer agrees that by signing below, Buyer authorizes Seller to begin enrollment and initiate service. This Confirmation <br /> to the Power Sal A reement is effective the date signed by Seller. <br /> Seller: Integry E rgy Servi , c. � Buyer: City o c <br /> By: By: <br /> Name: �g�n T �i���o Name: � N �� ���d� <br /> �r�rrrr�v G`%? �! �/'fN *'�'G�.Q <br /> Title: [�jrp��rT���Q��l c•.i„A Title: <br /> Date: S�� � $ �/o Date: � 3 � <br /> Page 5 of 5 <br />