Agenda - 09-18-2012 - 6b - Laserfiche WebLink

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67 NC STANDARD PPA.DOC(Revised November 1,2010) NCUC Docket No.E-100,Sub.127 i I provide to the Commission or the FERC or any other regulatory body, upon request, 2 information pertaining to this Agreement, including but not limited to: records of the 3 Facility's generation output and the Company's purchases thereof (including copies of 4 monthly statements of power purchases and data from load recorders and telemetering 5 installed at the Facility); copies of this Agreement; and information regarding the 6 Interconnection Facilities, as set forth in Paragraph 5 hereof. The Company will not provide 7 any information developed solely by Supplier and designated by Supplier in writing to be • 8 `proprietary"unless required to do so by order of the Commission or,the FERC or any other • 9 regulatory body or court,in which event,the Company will notify Supplier prior to supplying 10 the proprietary information, i • 11 12 10. Waiver. The failure of either Party to enforce or insist upon compliance with any of the terms • 13 or conditions of this Agreement shall not constitute a waiver or relinquishment of any such 14 terms or conditions,but the same shall be and remain at all times in full force and effect. 15 '•''': 16 11. Assignment. The rights and obligations accruing to the Supplier under this Agreement may be 17 assigned to another person,partnership,or corporation,subject to the Company's prior 18 . approval of the assignment of said person,firm,or corporation;which approval shall not be 19 unreasonably or arbitrarily withheld. However,before such rights and obligations are 20 assigned,the assignee must first obtain necessary approval from all regulatory bodies 21 including,but not limited to,the Commission. 22 12. Notification of Assignment,Transfer or Sale. In the event of an assignment of the rights and 23 obligations accruing to the Supplier under this Agreement pursuant to Paragraph 11 hereof, or • 24 in the event of any contemplated sale,transfer or assignment of the Facility or the Certificate • 25 of Public Convenience and Necessity,the Supplier shall,in addition to obtaining the approvals 26 required by Paragraph 13 hereof, advise the Company and the Commission of any plans for 27 such an assignment, sale or transfer, or of any accompanying significant changes in the 28 information required by Commission Rules R8-64 and R8-65, all as more fully set forth in • 29 Commission Rules R8-64 and R8-65,as amended,which are incorporated by reference herein. 30 • 31 13. Regulatory Approval. This entire Agreement is contingent upon the Supplier's obtaining 32 required approval from all regulatory bodies including, but not limited to, a Certificate of 33 Public Convenience and Necessity or its equivalent from the Commission. The Parties hereto 34 agree that performance under this Agreement shall not commence unless and until such 35 approvals are obtained. If at any time during the term of this Agreement any of such required 36 approvals expire, are withdrawn, are revoked or for any reason become invalid,the Company 37 shall allow the Supplier a reasonable period to cure the problem before giving notice of • 38 termination of this Agreement. (Continued on page 12) Page 7 of 12