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EAST BAY COMMUNITY ENERGY AUTHORITY
City of Pleasanton
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CITY CLERK
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LONG TERM AGREEMENT
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EAST BAY COMMUNITY ENERGY AUTHORITY
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8/10/2026 3:42:57 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
12/1/2016
LONG TERM AGREEMENTS - NAME
EASST BAY COMMUNITY ENERGY AUTHORITY
LONG TERM AGREEMENTS - TYPE
MOU AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
JPA
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8.5 Assiaament. Except as otherwise expressly provided in this Agreement,the <br /> rights and duties of the Parties may not be assigned or delegated without the advance written <br /> consent of all of the other Parties,and any attempt to assign or delegate such rights or duties in <br /> contravention of this Section 8.5 shall be null and void.This Agreement shall inure to the benefit <br /> of,and be binding upon,the successors and assigns of the Parties.This Section 8.5 does not <br /> prohibit a Party from entering into an independent agreement with another agency,person,or <br /> entity regarding the financing of that Party's contributions to the Authority,or the disposition of <br /> proceeds which that Party receives under this Agreement,so long as such independent agreement <br /> does not affect,or purport to affect,the rights and duties of the Authority or the Parties under this <br /> Agreement. <br /> 8.6 Scverability. if one or more clauses, sentences,paragraphs or provisions of this <br /> Agreement shall be held to be unlawful, invalid or unenforceable,it is hereby agreed by the <br /> Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, <br /> sentences,paragraphs or provision shall be deemed reformed so as to be lawful,valid and <br /> enforced to the maximum extent possible. <br /> 8.7 Further Assurances. Each Party agrees to execute and deliver all further <br /> instruments and documents,and take any further action that may be reasonably necessary,to <br /> effectuate the purposes and intent of this Agreement. <br /> 9.8 ' Execution by Coamteroarts. This Agreement may be executed in any number of <br /> counterparts,and upon execution by all Parties,each executed counterpart shall have the same <br /> force and effect as an original instriunent and as if all Parties had signed the same instrument. <br /> Any signature page of this Agreement may be detached from any counterpart of this Agreement <br /> without impairing the legal effect of any signatures thereon, and may be attached to another <br /> counterpart of this Agreement identical in form hereto but having attached to it one or more <br /> signature pages. <br /> 8.9 Parties to be Served Notice. Any notice authorized or required to be given <br /> pursuant to this Agreement shall be validly given if served in writing either personally,by <br /> deposit in the.United States mail,first class postage prepaid with return receipt requested,or by a <br /> recognized courier service.Notices given(a)personally or by courier service shall be <br /> conclusively deemed received at the time of delivery and receipt and(b)by mail shall be <br /> conclusively deemed given 72 hours after the deposit thereof(excluding Saturdays,Sundays and <br /> holidays)if the sender receives the return receipt.All notices shall be addressed to the office of <br /> the clerk or secretary of the Authority or Party, as the case may be,or such other person <br /> designated in writing by the Authority or Party. In addition,a duplicate copy of all notices <br /> provided pursuant to this section shall be provided to the Director and alternate Director for each <br /> Party. Notices given to one.Party shall be copied to all other Parties.Notices given to the <br /> Authority shall be copied to all Parties. All notices required hereunder shall be delivered to: <br /> The County of Alameda <br /> Director,Community Development Agency <br /> December 1.2016 -19- <br />
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