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1 <br />2 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS <br />3 HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: <br />4 <br />5 ARTICLE I <br />6 TERM <br />7 1.1 This Agreement shall be come effective on the date fust hereinabove shown. The <br />8 services provided herein shall commence thereafter on a date to be established by <br />9 agreement between AUN and its Scheduling Coordinator, but in no case later than <br />10 July 1, 1999. This agreement shall terminate at midnight on the earlier of (i) June <br />11 30, 2000, or (ii) the date of termination as provided for in Section 1.2., or (iii) the <br />12 effective date of termination of either Parties agreement with Sempra Energy <br />13 Trading for Scheduling Coordinator services, or (iv) upon default as provided for in <br />14 Articles XIII. <br />15 1.2 Colton or ALN may terminate this agreement by giving the other party at least six <br />16 (6) calendar months written notice, unless otherwise mutually agreed by the Parties <br />17 in writing. <br />18 1.3 Termination of this Agreement shall not relieve any Party of its obligations <br />19 hereunder prior to the effective date of termination, including the obligation to make <br />20 payment for services rendered in accordance herewith prior to the effective date of <br />21 termination. All indemnity and audit rights shall survive the termination of this <br />22 agreement. <br />23 <br />24 ARTICLE H <br />25 DEFINITIONS <br />26 <br />27 The following terms, when used herein with initial capitalization, whether in the singular <br />28 or the plural, shall have the following meanings: <br />29 2.1 Agreement: This Power Sales Agreement between AUN and Colton. <br />30 2.2 DASR: The Direct Access Service Request provided by AUN to Southern <br />31 California Edison Company. <br />Power Sales Agreement, City of Colton and American Utility Network June 8, 1999 Page 2 of 18 <br />