RES 97108 - Laserfiche WebLink

24. Power Purchasin~o Pool Committee: (Public Agency Representative), will be the Public Agency's representative to the Electric Program Committee of the Board of Directors of ABAG POWER. The electric Program Comn~ittee will provide policy direction for tire Electric Program. The Committee's powers will include admission of new Participants and the extension of any contracts for the purchase of electric supply and/or related services under rules and procedures adopted by the Corn m ittee. 25. Approvals: TIre Public Agency Representative may grant any approval, or give any direction required by this Agreemere, in writing or orally. Wrinen approvals or directions may be transmitted physically, by facsimile or electronically. Oral approvals will be confirmed in writing by either party. 26. Anornevs' Fees in the event either party invokes its right to arbitration under Section H or Exifibit B due to an alleged breach of this Agreement, the prevailing party will be entitled to recover reasonable attorneys' t~es and costs as determined by the arbitrator. 27. O~vnership of Files. Reports. Photo,,raphs. and Related Documents: Upon termination of tile Agreement, any and all files, reports, photograpl~s, plans, specifications, drawings, data, maps, models and related documents respecting in any way tire subject matter of this Agreement, whether prepared by ABAG, the Public Agency or third parties and in whatever media they are stored will remain or will become the property of the Public Agency and the Public Agency will acquire title to, and copyright ownership of, all such documents. The Public Agency hereby grants to ABAG an irrevocable license to retain a copy of all records covered by this section for ABAG's files. 28. Indemnity: Public Agency will indemnify and hold harmless ABAG and its directors, its n~ember agencies, its agents and its employees from and against all claims, damages, losses and expenses including attorney's fees, arising out of or resulting from the performance or non-performance of the services required by this Agreement, unless such is caus-ed by fraud, gross negligence or intentional misconduct of ABAG, its directors, its member agencies, its agents or its employees. 29. Assio. nment/Sect~ritv Arran_oements: Public Agency hereby acknowledges that ABAG will assign all its rights and obligations under this Agreement, except tire rights of ABAG and its directors, its member agencies, its agents and its employees to indemnity under Paragraph __, to ABAG POWER upon tile formation of ABAG POWER. Nothing in this Agreement impairs ABAG POWER's right to have ABAG perform some or all of the obligations pursuant to a separate Agreement.