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HomeMy WebLinkAbout1982-012 Consent - Wind ProjectC~S~ The undersigned utility does hereby consent to the transfer of MILTON-FF~E]B?ATER L!G]{T & P~?E/{'s participant share of the Wind Generator Development Project Participation ~e~nt ~79'01 to EI,~t~ WA.2~ B/© EI21CJ~iC BOARD, pursuant to a fo~ of a~e~nt attached hereto ~d ~de a p~t hereef. ~e ~dersi~ed certifies he is duly authorized to ~ecute the s~e on be~lf of the ~dersi~ed utility. Dated this ~y of ~2,~'~.-~ , 1982. CI~ OF ~ .~':',-' .~ / ~ ~ ~ Attest: A G~P~F~ ~r ~RF~A~, the City of Milton-Frecwater is a participant in the Wind Generator Development Project by and through the Oregon Public Po~er Agency (OPPA); and ~0EAS, the City of Milton-Freewater is desirous of transferring its ~nership share to the Eugene Water & Electric Board (E~EB); a~nd ~EAS, E~.~EB is desirOUs of receiving the transfer and assoming the ownership share now belonging to Milton-Freewater; and ~JREAS, E~B has placed a condition precedent on the transfer to the effect that OPPA release any and all claims of any liability or interest whatsoever that it may have against the ownership share now belonging to Milton-Freewater; and ~dlAS, OPPA has placed a condition precedent on the transfer to the effect that ~EB assume the ~nership share of ~ilton-Freewater and hold OPPA harmless thereon as to all obligations and liabilities of OPPA ~nich OPPA otherwise would have purs~nt to the ovanership share now held by Milton-Freewater arising out.of that certain Wind Generator Development Project Agreement dated , 1979, as amended December 19, 1979, and f~rther that EI~EB release any an~ all cla~r~s of any liability or interest whatsoever that it may have against OPPA arising from the ownership share of OPPA w~ich was contracted for by liilton-Free~ater; and WHEREAS, OPPA is desirous of consenting to the transfer free and clear of any interest that it might have in the share: NOW, THEREFORE, IT IS AGREED AS FOLIf~S: 1. OPPA consents to the transfer of the ownership interest in the Wind Generator Development Project now belonging to the City of Milton-Freewater to the Eugene Water and Electric Board. 2. OPPA hereby releases any claim, interest or liability of any Page 1 - AGREE~'~ t / t ! I f type, known or ur~o~, that it might have on the share; OPPA consents to the transfer free and clear of any and all such interests. 3. Eugene Water and Electric Board accepts the transfer of ownership interest in the Wind Generator Development Project now belonging to the City of Milton-Freawater ~nd hereby releases OPPA from any claim, interest or liability of any type, known or unknn~, that it might have on or arising out of or from the share of Milton-Freewater pursuant to the agreement bet~een OPPA and Eugene Water and Electric Board entitled '~ind C~.nerator Deve].opm.~ent Project A~-e~.~nt" dated , 1979, as amended December 19, 1979, and E]~EB further agrees to perfon~,l all of the terms, conditions and duties of the share of Milton-Freewater required of a participant pursuant to the Wind Generator Development Project Agreement, as amended, and hold OPPA completely harmless thereon. 4. It is the purpose and intent of ~,~ and OPPA that after the exeuction of this agre~nt that EI~EB will not be a participant through OPPA, but instead will oven the percentage share of the project of ~tilton-Freewater in its own name to the same extent as though the share held by ~,tilton-Freewater had never been contracted for by OPPA and ~EB will hold OPPA harmless from any liability or obligation of any nature whatsoever thereon in order that OPPA shsll have no liability of any nature whatsoever, either known or unknown, as a result of the share of Milton-Freewater which is released by this agreement. DATED this __ day of , 1982. OREGON PUBLIC POWFJl AGenCY EUGt~ WATER & EIZCTRIC BOAPdD Ti'tlS Title Tittle Title Page 2 - AGRE~