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auction shall be approved, in advance, by Buyer. With regard to CRR bids that clear in <br />the auction, Seller will pass along to Buyer all ERCOT charges or compensation <br />associated with any such CRR obtained in the auction, as if Buyer were the CRR owner. <br />As incurred, CRR charges, fees and, if applicable, CRR compensation associated with <br />this service will be added to Buyer's monthly invoice. <br />"Congestion Revenue Right" or "CRR" is a financial instrument that entitles the CRR <br />Owner to be charged or to receive compensation for congestion rents that arise when the <br />ERCOT Transmission Grid is congested in the Day -Ahead Market (DAM) or in Real - <br />Time and is obtained through the ERCOT CRR auction process. CRRs do not represent a <br />right to receive, or obligation to deliver, physical energy. <br />City of San Marcos, Texas Authorized Agent: <br />The persons holding the positions of CFO, the Exec. Director of Public Services or Asst. <br />Director of Public Services -Electric Utility are authorized on behalf of Buyer to submit <br />such bids as described in Section 6 above not to exceed 8 MW in any given hour. <br />7. ERCOT PROTOCOLS: <br />Each of the Parties to this Confirmation Letter shall comply with the ERCOT Protocols <br />and shall reasonably cooperate with the other Party to this Confirmation Letter in their <br />efforts to comply with the ERCOT Protocols. Buyer shall comply with all ERCOT <br />requirements related to Load Serving Entities. For the purposes of defining each Party's <br />rights and obligations at a given time, the ERCOT Protocols, as amended in accordance <br />with the change procedure(s) described in the ERCOT Protocols and as in effect at the <br />time for performance of any obligation or the exercise of any right, shall govern with <br />respect thereto. All billing -related data may be estimated and, if subject to adjustment by <br />ERCOT, shall be revised to reflect any such adjustment made by ERCOT without any <br />interest accrual. The obligations of Seller under this Confinnation Letter are for <br />Renewable Energy only and do not include any capacity or ancillary services. <br />8. MISCELLANEOUS: <br />7.1 Fixed Rates: All rates, terns and conditions as specified in this Confinnation <br />Letter shall remain in effect in accordance with their terms and shall not be subject to <br />change by application to any local, state or federal regulatory body, and each Party <br />waives any such rights. <br />This Confirmation Letter is for products and services to be delivered or purchased in the <br />ERCOT reliability region. All rates, terms and conditions as specified herein shall <br />remain in effect in accordance with their terms and shall not be subject to change through <br />application to Public Utility Commission of Texas ("PUCT"). Absent the agreement of <br />all parties to a proposed change, the standard of review for changes to any portion of this <br />Confirmation Letter and of the General Terms and Conditions of the Master Agreement, <br />whether proposed by a party, a non-party, or the PUCT acting sua sponte, will be the <br />4 <br />