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2002 AGN MAR 05 I01
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2002 February 05 Agenda Packet
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2002 AGN MAR 05 I01
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2/28/2014 3:52:29 PM
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252 <br />253 <br />254 <br />255 <br />256 <br />257 <br />258 <br />259 <br />260 <br />261 <br />262 <br />263 <br />264 <br />265 <br />266 <br />267 <br />268 <br />269 <br />270 <br />271 <br />272 <br />273 <br />274 <br />275 <br />276 <br />277 <br />278 <br />279 <br />280 <br />281 <br />262 <br />283 <br />284 5. <br />4.7.5.1 The amount which SCPPA is required under the Project C Indenture to <br />pay or deposit during such Month into any funds or accounts established <br />by the Project C Indenhue for Project C Debt Service and for any reserve <br />requirements for Project C Bonds or reserve requ'vements established by <br />the Coordinating Committee and approved by SCPPA's Boazd of <br />Directors, including replenishment (the timing of which shall be in <br />accordance with the provisions of this Agreement and the Project C <br />Indenture) of any reserves drawn down as a result of a failwe of the <br />Project C Participant to pay all or any portion of its Project C Monthly <br />Power Costs; provided, however, such amounts shal] not include <br />amounts included in a Step-Up Invoice or Default Invoice as provided in <br />Section 15.11 or Section ]53 hereof for which SCPPA has received <br />payment, or other payments received by SCPPA in aocordance with <br />Section 15 and used to replenish such reserves. <br />4.7.5.2 The amount which SCPPA is required to pay or deposit during such <br />Month into any Tund or account established by the Project C Indenture or <br />otherwise for the payment of interest on notes or on other evidences of <br />indebtedness issued in anticipation of the issuance of Project C Bonds. <br />4.7.53 One-twelfth of the amount (not otherwise included under any item in this <br />Section 4.7.5 or in Section 4.7.1 or 4.7.2 hereo� which SCPPA is <br />required under the Project C Indenmre to pay or deposit during such <br />Power Supply Yeaz into any other fund or account established by the <br />Project C Indenture, and shall include, without limitation, any amounts <br />requ'ved to make up a deficiency in any fund or account required or <br />permitted by the Project C Indentwe whether or not resulting from a <br />default in payments by the Project C Participant of amounts due under <br />the Power Sales Agreement entered into by the Project C Participant; <br />provided, however, such amounts shall not include amounts included in a <br />Step-Up Invoice or Default Invoice as provided in Section 15.11 or <br />Section 153 hereof for which SCPPA has received payment, or other <br />payments received by SCPPA in accordance with Section 15 and used to <br />replenish such fund or account. <br />OBLIGATIONS OF SCPPA AND SERIES A PROJECT PARTICIPANTS. <br />285 5.1 Proiect Oufiut. SCPPA shall provide and [CITY NAME] shal] purchase and take its shaze of <br />286 Capacity and Energy from the Project pwsuant to the terms of this Agreement. SCPPA will <br />287 be responsible for planning, designing, fmancing, constructing, acquiring, insuring, <br />288 contracting for, administering, operating and maintaining the Project to eTf'ectuate the <br />289 delivery and sale of such share of Capacity and Energy to [CITY NAME]. <br />290 5.2 Proiect Manager and Operatine Aeent. SCPPA shall appoint Burbank as Project Manager <br />291 and Operating Agent to construct, operate and maintain the Project in accordance with the <br />292 Construction Management and Operating Agreement. <br />293 53 Adoption of Annual Budeet SCPPA will prepaze and submit to [CITY NAME] and the <br />294 other Project Participants a proposed Annual Budget at least 60 days prior to the beginning of <br />295 each Power Supply Yeaz. In connection with the prepazation of the Annual Sudget, SCPPA <br />45049822.18 (PSA Projwt A) <br />
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