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AGREEMENT <br /> NOW,THEREFORE,in consideration of the mutual promises,covenants, and conditions <br /> hereinafter set forth,it is agreed by and among the Parties as follows: <br /> ARTICLE 1 <br /> CONTRACT DOCUMENTS <br /> 1.1 Definitions. Capitalized terns used in the Agreement shall have the meanings <br /> specified below,unless the context requires otherwise. <br /> 1.1.1 "AB 117"means Assembly Bill 117(Stet.2002,ch. 838,codified at <br /> Public Utilities Code Section 366.2),which created CCA. <br /> 1.1.2 "Act"means the Joint Exercise of Powers Act of the State of California <br /> (Government Code Section 6500 et seq.) <br /> 1.1.3 "Agreement"means this Joint Powers Agreement. <br /> 1.1.4 "Annual Energy Use"has the meaning given in Section 1.1.23. <br /> 11.5 "Authority"means the East Bay Community Energy Authority established <br /> pursuant to this Joint Powers Agreement. <br /> 1.1.6 "Authority Document(s)"means document(s)duly adopted by the Board <br /> by resolution or motion implementing the powers,functions and activities <br /> of the Authority,including but not limited to the Operating Rules and <br /> Regulations,the annual budget,and plans and policies. <br /> 1.1.7 `Board"means the Board of Directors of the Authority. <br /> 1.1.9 "Community Choice Aggregation"or"CCA"means an electric service <br /> option available to cities and counties pursuant to Public Utilities Code <br /> Section 366.2. <br /> 1.1.9 "CCA Program"means the Authority's program relating to CCA that is <br /> principally described in Sections 2A and 5.1. <br /> 1.1.10 "Days"shall mean calendar days unless otherwise specified by this <br /> Agreement. <br /> 1.1.11 "Director"means a member of the Board of Directors representing a <br /> Party,including an.altemate Director. <br /> 1.1.12 "Effective Date"means the date on which this Agreement shall become <br /> effective and the East Bay Community Energy Authority shall exist as a <br /> separate public agency, as further described in Section 2.L <br /> December 1,2016 -3- <br />