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the affiliated committees, subcommittees or working groups responsible for developing <br />such conditions. Further, ABAG cannot represent or warrant that the enumerated <br />conditions will remain unchanged or that new conditions will not be imposed. Public <br />Agency hereby agrees to hold ABAG harmless for any costs or direct or consequential <br />damages, incurred by Public Agency, or by anyone making a claim through Public Agency. <br />4. CPUC Conditions to Public Agency's Participation in Direct Access: Public Agency will <br />take such action as may be necessary to meet all conditions imposed on Public Agency to <br />participate in direct access as a customer, including but not limited to: <br />(a) submit such documents as may be required by the CPUC to the appropriate <br />entity, <br />(b) provide ABAG with such information as may be required by the Direct <br />Access Service Request (DASR), <br />(c) conform this Agreement to all requirements imposed by the CPUC for <br />written contracts between direct access customers and ESP's, <br />(d) install meters capable of providing hourly data and required data <br />communications capabilities (Hourly Meters) for each Account, <br />(e) pay, or caused to be paid, all stranded costs associated with the Utility <br />meter replaced under section (d) of this paragraph, and <br />(f) pay, or cause to be paid all outstanding balances for all Accounts. <br />Under current CPUC proceedings, metering requirements may be met by a customer (a) <br />requesting the Utility Distribution Company (UDC) to install Hourly Meters, (b) installing <br />Hourly Meters, or (c) causing Hourly Meters to be installed by third parties (including the <br />ESP). ABAG anticipates issuing a Request for Proposals to install Hourly Meters for all, <br />or some of the accounts previously identified to ABAG as accounts which potential <br />participants in the Electric Program wished to aggregate. The choice of how Public <br />Agency will fulfill the metering requirement and whether all Participants must make the <br />same election for their respective Accounts will be mutually decided by ABAG and Public <br />Agency at a later date based on (1) the probability of installing Hourly Meters for all <br />Accounts by January 1, 1998, or the earliest possible date thereafter, (2) any additional <br />costs incurred to install Hourly Meters by such date, and (3) supply of Hourly Meters. <br />CPUC Conditions Precedent to ABAG's Obligations: ABAG will take such action as may <br />be necessary to meet all conditions imposed on ABAG to participate in direct access as an <br />ESP, including but not limited to: <br />(a) register with the CPUC, <br />(b) submit a DASR for each account, <br />(c) enter into a Basic ESP Service Agreement with the UDC, <br />(d) enter into the appropriate Billing Services Attachment to the Basic ESP <br />Agreement, <br />(e) enter into the appropriate Metering Services Attachment to the Basic ESP <br />Agreement, <br />