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Z 71 <br />November 22, 1994 <br />Mr. Eldon A. Cotton <br />Assistant General Manager - Power <br />Department of Water and Power <br />Of the City of Los Angeles <br />P. O. Box 111 - Room 1155 <br />Los Angeles, California 90051 <br />Dear Mr. Cotton: <br />This letter constitutes an Agreement between the City of Colton (Colton), a municipal <br />corporation of the State of California, and the Department of Water and Power of the City of Los <br />Angeles (Los Angeles), a department organized and existing under the charter of the City of Los <br />Angeles, a municipal corporation of the State of California, hereinafter sometimes referred to <br />individually as "Party" and collectively as "Parties". This Agreement will enable a Party to <br />purchase, sell, or exchange surplus capacity, energy, transmission service, and other services, <br />from, to, or with the other Party for periods of one year or less in accordance with the following <br />terms and conditions. This Agreement does not provide advance agreement for either Party to <br />make available or purchase or exchange any amount of such energy, capacity, or other services. <br />1. Term of Agreement - This Agreement shall be effective when executed by the Parties and <br />remain in effect unless terminated by either Party upon sixty (60) days' advance written <br />notice to the other Party, however, all obligations incurred under this Agreement shall <br />survive termination of this Agreement. <br />2. Availability and Sale of Surplus Capacity. Energy, and Other Services <br />a. At any time during the term of this Agreement, the Parties may notify each other <br />that amounts of surplus capacity, energy, transmission, or other services are <br />available for purchase, sale, and exchange. <br />b. The Parties' schedulers and dispatchers may agree on the terms, conditions, price, <br />and scheduling provisions for transactions which do not exceed thirty-one (3 1) <br />days. Such transactions shall be promptly confirmed in writing by the Authorized <br />Representative if requested by either Party. <br />C. For transactions longer than thirty-one (3 1) days, but not exceeding one year, the <br />Authorized Representatives shall execute a separate written confirmation <br />specifying the terms, conditions, price, and scheduling provisions. <br />DWP No. 10090 <br />