RES 97108 - Laserfiche WebLink

Committee of ABAG POWER. within ninety (90) calendar days after termination of this Agreement or tile lifting of the requirement to maintain such a fund, whichever is earlier. 20. Late Char~,es: In the event Public .Agency fails to make timely payment, consistent with the ternis employed by ABAG, in addition to any other remedy it may have heretrader and notwithstanding the existence of any late payment penalty. ABAG may declare Public Agency to be in default and terminate the agreement. ABAG is further authorized to invoice Public Agency for reasonable charges associated with demands for payment on late accounts as well as reasonable charges associated with suspension and resumption of service hereunder. 21. Payment of Actual Cbare:es: Subject to tile terms and conditions of this Agreement, ABAG agrees to deposit all Invoiced Amount payment and pay Actual Charges as fol IoW~: 21. I An escrow or lock box account for the purposes of receiving Invoiced Amount payments by Participants and paying Actual Charges will be established by ABAG. 21.2 TIle instructions for this escrow or lock box account have been approved by ABAG, and ~vill include a list of the authorized payees. 21.3 Only ABAG may authorize release of funds from tile escrow or lock box account, and such will only be to those payees identified in the escrow instructions and only for Actual Charges. 22. l)isputes RcRardinR Actual Cbarues: Any disputes between tile panics regarding tile amount of any Actual Charges will be resolved pursuant to Section H of Exhibit B to this Agreement and the Credit Account, as defined in Paragraph 9.3 will be adjusted as soon as practicable to reflect the resolution~ of the dispute. " 23. Canccl'lation: 23. I Cancellation bv Public A.~enc~': Commencing no earlier than one (I) full year f'rom tile Commencement Date, Public Agency may only ~vithdraw or cancel this Agreement consistent with tile rules and regulations promulgated by the CPUC and in a manner which releases ABAG from all responsibility a,~d liability related to the subject matter of the Agreement. Public Agency may cancel the contract by giving ABAG sixty (60) days prior written notice its intent to terminate effective December 31 of that current year.. 23.2 Cancellation bv ABAG: Actions by tile utilities and/or CPUC to develop rules which are in conflict with sound business practices, or impose unnecessary risk on either party to this Agreement. or substantially prevent ABAG from pert'orming its functions under this Agreement may result in the cancellation of this Agreement by ABAG. ABAG will give Public Agency written notice ninety (90) days prior to such cancellation and both parties will work diligently to minimize the negative effects on ABAG and the Public Agency of such cancellation.