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HomeMy WebLinkAbout1996-163 Agrmt - PacifiCorp PACIFICORP/CITY OF ASHLAND ~nt to Serve Fringe Area ClIStorTer - Lallie NIonIero This Agreement to Serve Fringe Area Customer (Agreement) is made betvveen PacifiCap, doing business as Pacific Povver & Light Cof1l)any, an Oregon corporation and the City d AstUoo , an Oregon rrunicipality (collectively '~he Parties" and individually "Party"). In consideration of the promises contained in this Agreement, the Parties agree to the following tenns and conditions: 1. Laurie fVIontero ("Customer') occupies prerrises located at 821 Grandview Rd, .Ashland, Dragon. Customer is lceated 'v"vithin the electric service territoiy exclusively designated and authorized to PacifiCorp by the Oregon Public Utility Cormlssion ("OPUC"). 2. The City of .Ashland agrees to provide electric service to Customer at the above-- referenced location in accord with its applicable tariffs, and PacifiCorp 'Nill permit the City of .Ashland to do so in PacifiCorp's authorized service territory. 3. This Agreement is not intended to and does not establish any precedent for either Party serving any other person in the electric service territory of the other Party or for changing any boundary of the electric service territory of either Party. The City of Ashland will not serve any other customers within PacifiCorp's electric service territory without the express \Nritten agreement of PacifiCorp. 4. This Agreement will be binding on the Parties when both have executed it. This Agreement will become effective when approved by the OPUC. This Agreement is subject to all of the Parties' applicable tariffs and rate schedules on file and authorized by the OPUC, and will at all times be subject to such changes or modifications as the OPUC may direct from time to time in the exercise of its jurisdiction. 5. Each Party will indermify and hold harmless the other Party, its officers, agents and employees against all cost, loss, damage, expense and liability resulting from injury to or death of any person, including but not linited to employees of the Parties, or from destruction or damage to any property, including but not linited to property of the Parties, arising out of or connected \Nith the perfonnance or non- perfonnance of this Agreement, hovvever caused, including construction activities, except when caused by the gross negligence or willful misconduct of the other Party, its officers, agents or employees. Each Party will, at its expense and on the other Party's request, defend any suit or other action asserting a claim covered by this indermity. Each Party will pay any cost that may be incurred by the other Party in enforcing this indermity, including reasonable attomeys' fees. 6. This Agreerrent may be termnated in either of the following ways: a. If Customer gives the City of Ashland notice that Customer no longer Vv'ishes to be served by the City of Ashland, then this Agreement Vv'ill terminate Vllhen such service from the City of Ashland terminates; or b. On six-rronths VvTitten notice to the City of Ashland ("City"), PacifiCorp may tenninate this Agreerrent and the City shall no longer serve Customer. In the event of termination under this subparagraph b, Pacificorp shall purchase those City facilities within PacifiCorp's authorized electric service territory used exdusively to serve the Customer, together with all facilities that become no longer useful to the City as a result of the tennination of this Agreement upon paying the City (i) tvvo times the City's gross annual revenue from Custorrer, plus (ii) reasonable physicai separation costs, if any. PacifiCorp shall thereafter serve Customer from PacifiCorp's facilities and shall not utilize the City of Ashland's facilities for such service. PACIFICORP I . . / / By ;jL-< Lr L-.. City eX Ashland By Title C' ~ -/.. .4 ~I ph uU ~ Title [)/s/Xt ei O/Dtm,,'fUf /// ,IN kIlt Date / - /(, , yc. Date /.2 - /7 - ?..s- 00 e- ~ Gi as ~ >.: l5 'i -g.@-IS e:.5l ~~~ ~~.~~i~ 1; IS ~ 'O~ ~~ 8-1); -" c: -- .- 025 ~.151ii ~~~ MU.~g.f >as . 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