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' b. For Energy Loan Agreements or Energy Service Charge agreements, the remaining loan balance and energy service charge payoff shall be added to the Cash Repayment Amount to equal the Total Repayment Amount. c. The Total Repayment Amount shall be due and payable to EWEB in twelve equal monthly payments with the full balance due one yeaz after termination. Monthly payments shall be calculated based on the Total Repayment Amount as principal with simple interest at the prime rate value published in the Wall Street Journal on the first business day following the date of termination. Should any payment not be made within 30 days of due date, late fees of 3.0 percent per month ($5.00 minimum) shall be added every month for any outstanding payment balance owing. ~ _ . 11. EWEB Procedures: There are policies and procedures specific to EWEB Energy Management Services programs and to EWEB billing, collection, and ternunation of services. These applicable policies and procedures aze on file and caa be reviewed at the EWEB offices. 12. Notices: Any notice under this Agreement shall be in writing and shall be effective when actually delivered in person or three (3) days after being deposited in the U.5. Mail, registered or certified, postage prepaid and addtcssed to the patty at the address stated in this Agreement or such other address as either party may designate by written notice to the other. 13. Non-Waiver: Failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to"tzitforce the provision, nor shall any waiver of any breach of any provision constitute a waiver of any succeeding breach of that provision or a waiver of that provision itself. 14. Modification: If either party desires to change anything in this Agreement or its exhibits, such change must be expressly agreed to in writing and signed by both parties to this Agreement. 15. Binding Effect: The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, and assigns. 16. Approvals: Owner aclrnowledgesthat they have read and understand this agreement and agree to the above conditions.. Person(s) signing as Owner below, is the owner of the facility subject to this agreement, or is legally a~lthorized to make decisions on the fazility owner's behalf. 7~ i.~.. Eugene Water & Electric Board Owne~j~/ ~ 6z f~ 6 ~ Authorized Rep entativ Date O r Owner's Agent Date Typed Narr~: Brian Hawley Typed Name: Jim Carlson Tide: Staff Engineer Enernv Management Title: City Manager pro tem Addresses for notices: If to EWF.B: If to Owner: . Eugene Water d~ Electric Board Business Name: Cit~r of Eugene Transportation Division Energy Management Services Attention: Jim Carlson Post Office Box 10148 Address: 858 Peazl Street. Suite 300 Eugene, Oregon 97440-2148 Eugene. OR 97401 Phone: 541-484-1125 Telephone Number: 344-4587 EWEB Account Number: 23736-139 EMS File ID: 1529e