1998 AGN OCT 06 I08 - Laserfiche WebLink

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ASSIGNMENT AND ASSLWTION AGREEMENT AND AMENDMENT TO CONTRACT THIS ASSIGNMENT AND ASSUWTION AGREEMENT AND AMENDMENT TO CONTRACT("Assignment and Assumption Agreement"), is made and entered into as of the h day of October, 1998 by and among Enova Energy Management, Inc., a California corporation ("ENOVA"), Sempra Energy Trading Corp., a Delaware corporation ("SENTRA"), and City of Colton, a California municipal corporation ("COLTON"). WITNESSETH: WHEREAS, ENOVA and COLTON are parties to an Energy Management and Professional Services Agreement, dated April 5, 1995, (the "Agreement") which sets forth the terms and conditions relating to certain energy management services provided by ENOVA to COLTON; and WHEREAS, ENOVA wishes to assign the Agreement, including all rights, duties and obligations thereunder, to SEMPRA, and SENWRA is willing to become a party to the Agreement and assume all such obligations, and COLTON is willing to consent thereto, WEEREAS, upon assignment, SEWRA and COLTON wish to amend the terms of the Agreement-, NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Assignment and Assumption Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Assiiznment and Assumption. With respect to services to be performed under the Agreement on and after April 1, 1998 (the "Effective Date"), ENOVA hereby assigns all of its rights and delegates all of its duties and obligations under the Agreement to SEMPRA, and SEM[PRA hereby assumes all of the rights and agrees to perform and discharge all of the duties and obligations to ENOVA under the Agreement from the Effective Date. Except as amended herein, the Agreement remains in full force and effect. 2. Consent. Colton hereby consents to the assignment and assumption provided for in this Assignment and Assumption Agreement. 3% Effective Date. The assignment and assumption of this Assignment and Assumption Agreement is effective retroactively from the Effective date, and ENOVA and COLTON acknowledge that SEM[PRA has been performing all of the duties and obligations of ENOVA since the Effective Date with their consent. tAd�\�ipkolon