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may decide. G. The governing board of each Member has determined that it is in the Member's best interest and in the public interest that this Agreement be executed and that it is participating as a Member of ABAG POWER. AGREEMENT Formation of ABAG POWER. Pursuant to Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500) (as amended from time to time, the JPA Law), the Members hereby create a separate joint powers agency which is named ABAG POWER. 2. Parties to Agreement. Each Member certifies that it intends to, and does, contract with every other Member which is a signatory to this Agreement and, in addition, with such other Member as may later be added as Members under Section 16. Each Member also certifies that the deletion of any Member from this Agreement does not affect this Agreement nor each remaining Member's intent to contract with the other Members then remaining. Purpose. ABAG POWER will acquire, for use by its Members, energy including, but not limited to, natural gas and electricity, and of telecommunications services, and such other services and goods as may be necessary or convenient to optimize costs savings and to manage the use or the supply of energy or telecommunications services. 4. Membership. The following entities, or types of entities, are eligible for membership in ABAG POWER: (a) ABAG, (b) members of ABAG, and (c) any other public entity so long as such public entity is a cooperating member of ABAG at the time it joins ABAG POWER. 5. Limitation. Except as otherwise authorized or permitted by the JPA Law and for purposes of, and to the extent required by Government Code Section 6509, ABAG POWER is subject to the restrictions upon the manner of exercising the powers of the Member specified in the Bylaws. 6. Powers. ABAG POWER is authorized, in its own name, to do all acts necessary to fulfill the purposes of this Agreement referred to in Section 3 including, but not limited to, each of the following: (a) Make and enter into contracts; 2 ABAG POWER JPA