2004 AGN JUL 20 I15 - Laserfiche WebLink

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"ERC" means (i) NOx RECLAIM Trading Credits, (ii) PM10 ERCs, (iii) VOC ERCs; and (iv) Allowances under the Acid Rain Program pursuant to 40 CFR 72.2. d. Section 1.01 is amended by deleting the definition of "Administrative Services Agreement" e. Section 1.01 is amended by adding the following new definition: "ERC Management Fee" means a fee paid by Owner to Operator, equal initially to $9,321.43 per month, or a prorated portion of such amount for any partial month, as consideration for performance by Operator of the services provided under Section 15.07. f. Section 1.01 is amended by adding the following new definition: "VOC ERCs" means VOC Emission Reduction Credits pursuant to SCAQMD Rule 13020). g. Section 2.02 is amended by inserting the words "or the ERC Management Fee" after the words "Base Fee" each place that they appear therein.. h. Section 2.03.1(b) is amended by inserting the words "and ERC Management Fees" after the words "Base Fees" therein. i. Section 3.03 is amended to read as follows: 3.03 Utility Services. Owner shall be responsible for providing all Utility Services required to perform the Services in accordance with this Agreement. Operator will pay for Utility Services on behalf of Owner using funds in the Operating Account. j. Section 8.01 is amended to read as follows: 8.01 Fees. Not later than the fifth day of each month beginning with the month following the month in which the Commencement Date occurs and ending with the month following the month in which this Agreement expires by its terms or is terminated, Operator shall prepare and deliver to Owner the Operator Invoice for the Base Fee for providing the Services during the previous month, and for the ERC Management Fees due in respect of the previous month. The Base Fee shall be prorated for any partial month and increased effective each July 1 during the Term, beginning with July 1, 2003, by the same percent as the percent increase, if any, in the Escalation Factor during the twelve (12) month period ending with the most recent March 31. The ERC Management Fee shall be prorated for any partial month. Not later than the twenty-fifth of the month corresponding to the date of the Operator Invoice (the "Due Date" for such invoice), Owner shall pay to Operator an amount, in immediately available funds, equal to the Base Fee and the ERC Management Fee, as such amount is set forth in the applicable Operator Invoice. -2-