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<br /> r <br /> b. For Energy Loan Agreements orEnergy Service Charge agreements, theremaining loan balance an energy service <br /> charge payoff shall be added to the Cash Repayment Amount to equal the Total Repayment ount. <br /> c. The Total Repayment Amount shall be due and payable to EWEB in twelve equal monthly pa ents with the <br /> full balance due one yeaz after termination. Monthly payments shall be calculated based on the To Repayment <br /> Amount as principal with simple interest at the prime rate value published in the Wall Street Jou Ion the first <br /> business day following the date of termination. Should any payment not be made within 30 days f due date, lair <br /> fees of 3.0 percent per month ($5.00 muumum) shall be added every month for any outstanding p yment balance <br /> owing. - ~ . <br /> 11. EWEB Procedures: There are policies and procedures specific to EWEB Energy Management Servi programs and <br /> to EWEB billing, collection, and termination of services. These applicable policies and procedures are o file and can be <br /> reviewed at the EWEB offices. <br /> 12. Notices: Any notice under this Agreement shall be in writing and shall be effective when actually de vexed in person <br /> or three (3) days after being deposited in the U.S. Mail, registered or certified, postage prepaid and address to the party at <br /> the address stated in this Agreement or such other address as either party may designate by written notice the other. <br /> 13. Non-Waiver: Failure of either party at any time to require performance of any provision of this A nt shall not <br /> limit the <br /> party's right to~itfoi~ce the provision;nor shall any waiver of any breach of any provitsion constitu a waiver of any <br /> succeeding breach of that provision or a waiver of that provision itself. <br /> 14. Modification: If either party desires to change anything in this Agreement or its exhibits, such hange must be <br /> expressly agreed to in writing and signed by both parties to this Agreement. <br /> 15. Binding Effect: The terms and conditions of this Agreement shall be binding upon and inure to benefit of the <br /> parties, their heirs, successors, and assigns. <br /> 16. Approvals: Owner acknowledges~that they have read and understand this agreement and agree to the ve conditions. <br /> Person(s) signing as Owner below, is the owner of the facility subject to this agreement, or is legally au orized to make <br /> . decisions on the facility owner's behalf. <br /> T~ c_.- • <br /> - Eugene Water & Electric Board Owne{~/ <br /> by. d Z by' n ~ o i- . <br /> Authorized Repr entativ Date O r (hvner's Agent Date <br /> - Typed Name• Brian Hawley Typed Name: Jim Carlson <br /> Title: Staff Engineer Energy Manaf~ement Title: Ci Mena er ro rem <br /> Addresses for notices: <br /> If to EWEB: If to Owner: <br /> Eugene Water & Electric Boazd Business Name: Ci of Eu ene Trans nation ivision <br /> Energy Management Services Attention: Jim Carlson <br /> Post Office Box 10148 Address: 858 Pearl Street Suite 300 <br /> Eugene, Oregon 97440-2148 Eu ene OR 97401 <br /> Phone: 541-484-1125 Telephone Number: 344-9587 <br /> EWEB Account Number: 23736-139 <br /> EMS File ID: 1529e <br /> <br />