ASSOCIATION OF BAY AREA GOVERNMENTS CORE NATURAL GAS SALES

i' 3.5.2 T~e status of the account identifying the prior account balance, any payments since the previous invoice, current charges plus any applicable late payment charges and credit balances as calculated pursuant tq Paragraph 9.3(?); and 3.6 Provide general consultation services. 4. Enrollment Notification of Changes: Public Agency shall through the attached Exhibit A submit to ABAG POWER its list of accounts to be served hereunder. Public Agency represents and warrants that all facilities listed in Exhibit A distribute natural gas used by Public Agency and that none of the facilities will be serviced by another core transport agent as of the Start Date as defined in Paragraph 9.5. Public Agency shill also notify ABAG POWER forty-five (45) days in advance of changes in Public Agency's facilities or operations which are reasonably expected to increase or decrease the consumption of natural gas more than ten percent (10%) as compared to historical levels. Public Agency may add facilities to Exhibit A upon prior written notice to ABAG POWER. Public Agency may delete facilities from Exhibit A only upon written consent by ABAG POWER, which consent shall not be unreasonably withheld, ''except that Public Agency may delete facilities without ABAG POWER's consent if Public Agenc}r abandons the facility or transfers the facility to another entity. 5. Agency Relationship: Public Agency authorizes ABAG POWER to act as its exclusive agent for the Program and does hereby constitute and appoint an authorized officer or agent of ABAG POWER to act on its behalf as its lawful agent for the implementation of the Program. This authorization shall include the right to do end perform all acts, with full power to execute all documents requisite and necessary to be done in all matters relating to the purchase, sale, and transportation of natural gas. Therefore, Public Agency authorizes ABAG POWER to take actions appropriate to establish and implement the Program, 'including, but not limited to: 5.1 Aggregating the gas supplies and services of Public Agency with those of other Participants in conjunctign with providing such gas supplies and services to Public Agency and pursuant to the terms and conditions of the Program; 5.2 Executing, local distribution company riders and other documentation on behalf of Public Agency; 5.3 Nominating gas supplies on behalf of Public Agency; 5.4 Handling 'gas imbalances, gas storage, and all other operational transactions with the Utility in order to deliver) gas to the Utility for subsequent redelivery to Public Agency; and 5.5 Arranging, for payment of Program bills for natural gas, transportation and other Utility charges. Public Agency~l understands and agrees that in the event of nonpayment by ABAG POWER, Public Agency will be refiponsible for payment of Public Agency's bills for gas and services, even if the Public Agency has alread~'y made payment to ABAG POWER for those gas quantities and services. Public Agency understands that if ABAG POWER's contract with the Utility terminates for any reason, on Public Agency's receipt of notice from Utility, Public Agency will receive gas service for Exhibit A accounts under core procurement service from the Utility commencing on the first day of -2- Revised Core Agreement - 2004