Laserfiche WebLink
November 7, <br />2016 Agreement <br />-4- <br /> <br />1.1.13 “Ex Officio Board Member” means a non-voting member of the Board of <br />Directors as described in Section 4.2.2. The Ex Officio Board Member <br />may not serve on the Executive Committee of the Board or participate in <br />closed session meetings of the Board. <br />1.1.14 “Implementation Plan” means the plan generally described in Section <br />5.1.2 of this Agreement that is required under Public Utilities Code <br />Section 366.2 to be filed with the California Public Utilities Commission <br />for the purpose of describing a proposed CCA Program. <br />1.1.15 “Initial Costs” means all costs incurred by the Authority relating to the <br />establishment and initial operation of the Authority, such as the hiring of a <br />Chief Executive Officer and any administrative staff, any required <br />accounting, administrative, technical and legal services in support of the <br />Authority’s initial formation activities or in support of the negotiation, <br />preparation and approval of power purchase agreements. The Board shall <br />determine the termination date for Initial Costs. <br />1.1.16 “Initial Participants” means, for the purpose of this Agreement the County <br />of Alameda, the Cities of Albany, Berkeley, Emeryville, Oakland, <br />Piedmont, San Leandro, Hayward, Union City, Newark, Fremont, Dublin, <br />Pleasanton and Livermore. <br />1.1.17 “Operating Rules and Regulations” means the rules, regulations, policies, <br />bylaws and procedures governing the operation of the Authority. <br />1.1.18 “Parties” means, collectively, the signatories to this Agreement that have <br />satisfied the conditions in Sections 2.2 or 3.1 such that it is considered a <br />member of the Authority. <br />1.1.19 “Party” means, singularly, a signatory to this Agreement that has satisfied <br />the conditions in Sections 2.2 or 3.1 such that it is considered a member of <br />the Authority. <br />1.1.20 “Percentage Vote” means a vote taken by the Board pursuant to Section <br />4.12.1 that is based on each Party having one equal vote. <br />1.1.21 “Total Annual Energy” has the meaning given in Section 1.1.23. <br />1.1.22 “Voting Shares Vote” means a vote taken by the Board pursuant to <br />Section 4.12.2 that is based on the voting shares of each Party described in <br />Section 1.1.23 and set forth in Exhibit C to this Agreement. A Voting <br />Shares vote cannot take place on a matter unless the matter first receives <br />an affirmative or tie Percentage Vote in the manner required by Section <br />4.12.1 and three or more Directors immediately thereafter request such <br />vote.