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1998 AGN OCT 06 I08
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1998 October 06 Agenda Packet
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1998 AGN OCT 06 I08
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D. Yu. <br />38. The representative appointed in Section 18.4 of the Agreement is changed to Tim <br />Trewyn. <br />39. The notice information in Section 18.5 of the Agreement is updated as follows: <br />To Sempra: Sempra Energy Trading Corp. <br />One Greenwich Plaza <br />Greenwich, CT 06830 <br />Attention: Operations <br />Telephone No.: (619) 696-2600 <br />Facsimile No.: (619) 696-1811 <br />To Colton: City of Colton <br />650 N. La Cadena Drive <br />Colton, CA 92324 <br />Attention: Tim Trewyn <br />Telephone No.: (909) 370-6190 <br />Facsimile No.: (909) 270-6104 <br />40. Section 24 of the Agreement is re -numbered to Section 25, and the following new <br />section is inserted: <br />24. REPRESENTATIONS. <br />24.1 As a material inducement to entering into this Agreement, each party, with <br />respect to itself represents and warrants to the other continuing throughout the <br />term of this Agreement as follows: (i) there are no suits, proceedings, judgments, <br />rulings or orders by or before any court or any governmental authority that <br />materially adversely affect its ability to perform this Agreement or the rights of the <br />other Party under this Agreement; (ii) it is duly organized, validly existing and in <br />good standing under the laws of the jurisdiction of its formation, and it has the <br />legal right, power and authority and is qualified to conduct its business, and to <br />execute and deliver this Agreement and perform its obligations, and all regulatory <br />authorizations, have been maintained as necessary for it to legally perform is <br />obligations hereunder-, (iii) the making and performance by it of this Agreement is <br />within its powers, has been duly authorized by all necessary action on its part, and <br />does not and will not violate any provision of law or any rule, regulation, order, <br />writ, judgment, decree or other determination presently in effect applicable to it or <br />its governing documents-, (iv) this Agreement when entered into constitutes a legal, <br />valid and binding act and obligation of it, enforceable against it in accordance with <br />its terms, subject to bankruptcy, insolvency, reorganization and other laws <br />affecting creditors' rights generally, and with regard to equitable remedies, to the <br />tAd�\mign�colon 6 <br />
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