Res 2018-042/approving and authorizing the City Manager to execute a wholesale electric power purchase agreement with AEP Energy Partners, Inc. to supply wind energy to the San Marcos Electric Utility

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(d) the temporary or permanent closing of any Exchange or RTO specified for determining a Floating Price; or (e) a material change in the formula for or the method of determining the Floating Price by the Price Source or a material change in the composition of the Product. "Price Source" means, in respect of a Transaction, a publication or such other origin of reference, including an Exchange or RTO, containing or reporting or making generally available to market participants (including by electronic means) a price, or prices or information from which a price is determined, as specified in the relevant Transaction. "RTO" means any regional transmission operator or independent system operator. "RTO Transaction" means a Transaction in which the Price Source is an RTO. "Trading Day" means a day in respect of which the relevant Price Source ordinarily would announce, publish or make available the Floating Price, (b) Corrections to Published Prices, If the Floating Price published, announced or made available on a given day and used or to be used to determine a relevant price is subsequently corrected by the relevant Price Source (i) within 30 days of the original publication, announcement or availability, or (ii) in the case of RTO Transactions only, within such longer time period as is consistent with the RTO's procedures and guidelines, then either Party may notify the other Party of that correction and the amount (if any) that is payable as a result of that correction. If, not later than thirty (30) days after publication or announcement of that correction, a Party gives notice that an amount is so payable, the Party that originally either received or retained such amount will, not later than three (3) Business Days after such notice is effective, pay, subject to any applicable conditions precedent, to the other Party that amount, together with interest at the Interest Rate for the period from and including the day on which payment originally was (or was not) made to but excluding the day of payment of the refund or payment resulting from that correction. Notwithstanding the foregoing, corrections shall not be made to any Floating Prices agreed upon by the Parties or determined based on quotations from Specified Dealers pursuant to paragraph (a) above unless the Parties expressly agree otherwise. (c) Calculation of Floatinq Price. For the purposes of the calculation of a Floating Price, all numbers shall be rounded to three (3) decimal places. If the fourth (4th) decimal number is five (5) or greater, then the third (3rd) decimal number shall be increased by one (1), and if the fourth (4th) decimal number is less than five (5), then the third (3rd) decimal number shall remain unchanged.". 23. Section 10.14, Fixed Rates, shall be added to Article Ten as follows: "Section 10,14. Fixed Rates. For products and services to be delivered or purchased in the ERCOT reliability region, all rates, terms and conditions as specified in this Master Agreement shall remain in effect in accordance with their terms and shall not be subject to change through application to the Public Utility Commission of Texas ("PUCT") or any other regulatory agency. Absent the agreement of all Parties to a proposed change, the standard of review for changes to any portion of this Master Agreement, whether proposed by a Party, a non-party, or the PUCT acting sua sponte, shall be the "public interest" standard of review set forth in Hi h Plains Natural Gas Co. v. Railroad Commission, 467 S.W.2d 532 (Tex. Civ. App. 1971), writ ref'd n.r.e. It is the intent and understanding of the Parties to this Master Agreement that the Federal Energy Regulatory Commission ("FERC") does not have jurisdiction over this Master Agreement. Without waiving any rights the Parties may have to assert that FERC does not have jurisdiction, the Parties wish to make the following agreements in the event that a Party, a 0