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AVA COMMUNITY ENERGY
City of Pleasanton
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CITY CLERK
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LONG TERM AGREEMENT
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AVA COMMUNITY ENERGY
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2/6/2024 10:20:16 AM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
1/23/2023
LONG TERM AGREEMENTS - NAME
AVA COMMUNITY ENERGY
LONG TERM AGREEMENTS - TYPE
REAL PROPERTY LIC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
CHARGING STATION
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2 <br />maintenance providers to research issues, evaluate options and develop appropriate <br />protocols, and shall keep the Host appraised of such efforts, including the provision of <br />written reports.” <br />3.Limited Effect. Except as expressly provided in this Amendment, all of the terms and provisions of <br />the Agreement are and will remain in full force and effect and are hereby ratified and confirmed by the <br />Parties. Without limiting the generality of the foregoing, the amendments contained herein will not be <br />construed as an amendment to or waiver of any other provision of the Agreement or as a waiver of or consent <br />to any further or future action on the part of either Party that would require the waiver or consent of the other <br />Party. On and after the Amendment Effective Date, each reference in the Agreement to “this Agreement,” <br />“the Agreement,” “hereunder,” “hereof,” “herein” or words of like import will mean and be a reference to <br />the Agreement as amended by this Amendment. <br />4.Miscellaneous. <br />(a)The persons signing below represent and warrant that they have the authority to bind their <br />respective Party, and all necessary approvals to sign on behalf of their respective Party <br />have been obtained. <br />(b)This Amendment is governed by and construed in accordance with, the laws of the State <br />of California, without regard to the conflict of laws provisions of such State. <br />(c)This Amendment shall inure to the benefit of and be binding upon each of the Parties and <br />each of their respective successors and permitted assigns. <br />(d)The headings in this Amendment are for reference only and do not affect the interpretation <br />of this Amendment. <br />(e)This Amendment may be executed in counterparts, each of which is deemed an original, <br />but all of which constitutes one and the same agreement. Delivery of an executed <br />counterpart of this Amendment electronically or by facsimile shall be effective as delivery <br />of an original executed counterpart of this Amendment. <br />(f)This Amendment constitutes the sole and entire agreement between the Parties with respect <br />to amending the Agreement, and supersedes all prior and contemporaneous <br />understandings, agreements, representations and warranties, both written and oral, with <br />respect to amending the Agreement. <br />(g)Each Party shall pay its own costs and expenses in connection with this Amendment <br />(including the fees and expenses of its advisors, accounts and legal counsel). <br />[Signature Page Follows] <br />DocuSign Envelope ID: 6D84FE0A-F9E6-4E17-B713-673FC182FBC2DocuSign Envelope ID: 4FA918D4-020F-4CB3-A32A-6AE88B952B9F
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