Res 2014-050/Transmission Planning Data Services Agreement with ERCOT and LCRA

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1.2.1. Exhibit A, ERCOT Market Participant Agency Agreement executed by Lower Colorado River Authority and by San Marcos, with an effective date of January 31, 2001 ( "ERCOT Market Agreement 2001 "). 1.2,2. Exhibit B, LCRA Handbook for Planning Data Services, edition dated September 30, 2013 ( "Handbook "). 1.2.3. Exhibit C, Applicable Planning Data Services lists the specific services in effect between LCRA and the Owner as part of this agreement. ARTICLE II. TERM AND TERMINATION 2.1. This Agreement and its Exhibits are a supplement to the ERCOT Market Agreement 2001 entered into between LCRA, San Marcos and ERCOT, which is attached hereto and incorporated herein for all purposes as Exhibit A. It is agreed between LCRA and San Marcos that any subsequent replacement, substitution or restatement of Exhibit A will automatically restate and renew this Agreement and that any termination of the principal /agent relationship between LCRA and San Marcos through termination, cancellation or rescission of Exhibit A shall also effectively terminate this Agreement and its Exhibits at the same time. 2.1.1. As necessary and where appropriate, the information and data provided by San Marcos through this Agreement may be used by LCRA in performing analysis of and making decisions for the LCRA TSC electric system assessment needs. 2.1 If at any time either Party has reasonable cause to believe that the other Party is violating a material obligation or requirement of this Agreement, including the Handbook, as amended from time to time, or that it may be subject to fines and /or penalties assessed by or through the Public Utility Commission of Texas (PUC), Texas Reliability Entity, Inc. (TRE), the North American Electrical Reliability Corporation (NERC), or the Federal Energy Regulatory Commission (FERC), or any successor to these organizations, as a result of a failure or inability of the other Party to comply with any material and applicable provision of this Agreement, including the Handbook, it shall promptly notify the other Party pursuant to Article VII and request that a consultation be initiated. 2.2.1. Unless mutually agreed, consultation shall begin between the parties within five (5) business days of the notification required by this Section. Upon the request of either Party, consultation may be facilitated or mediated accordance with Article VIII, Alternative Dispute Resolution. 2,2,2. If, following notice and consultation, there is no mutually satisfactory resolution within ninety (90) calendar days of giving notice, the Party potentially subject to the fines and/or penalties and which has reasonable cause to believe that the other Party is violating a material obligation or requirement of the Handbook may Transmission Planning Data Services Agreement, City of San Marcos — LCRA Page 3 of 10