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November 7, <br />2016 Agreement <br />-3- <br /> <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions <br />hereinafter set forth, it is agreed by and among the Parties as follows: <br />ARTICLE 1 <br />CONTRACT DOCUMENTS <br />1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings <br />specified below, unless the context requires otherwise. <br />1.1.1 “AB 117” means Assembly Bill 117 (Stat. 2002, ch. 838, codified at <br />Public Utilities Code Section 366.2), which created CCA. <br />1.1.2 “Act” means the Joint Exercise of Powers Act of the State of California <br />(Government Code Section 6500 et seq.) <br />1.1.3 “Agreement” means this Joint Powers Agreement. <br />1.1.4 “Annual Energy Use” has the meaning given in Section 1.1.23. <br />1.1.5 “Authority” means the East Bay Community Energy Authority established <br />pursuant to this Joint Powers Agreement. <br />1.1.6 “Authority Document(s)” means document(s) duly adopted by the Board <br />by resolution or motion implementing the powers, functions and activities <br />of the Authority, including but not limited to the Operating Rules and <br />Regulations, the annual budget, and plans and policies. <br />1.1.7 “Board” means the Board of Directors of the Authority. <br />1.1.8 “Community Choice Aggregation” or “CCA” means an electric service <br />option available to cities and counties pursuant to Public Utilities Code <br />Section 366.2. <br />1.1.9 “CCA Program” means the Authority’s program relating to CCA that is <br />principally described in Sections 2.4 and 5.1. <br />1.1.10 “Days” shall mean calendar days unless otherwise specified by this <br />Agreement. <br />1.1.11 “Director” means a member of the Board of Directors representing a <br />Party, including an alternate Director. <br />1.1.12 “Effective Date” means the date on which this Agreement shall become <br />effective and the East Bay Community Energy Authority shall exist as a <br />separate public agency, as further described in Section 2.1.