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54 Lower Colorado River Authority Cooling Efficiency Program Agreement ~vi th San Marcos Electric Utility AGREEMENT This Agreement is made and entered into by and between Lower Colorado River Authority (hereafter called Authority), a body politic and corporate created and governed by the Lower Colorado River Authority Act, Texas Laws, 1975, Chapter 74, Page 179, (hereafter called LCRA Act), and San Marcos Electric Utility (hereafter called Wholesale Customer) . Whereas, the Authority has for over 40 years been engaged in the generation, transmission, distribution and sale of electric power and energy; and Whereas, the Wholesale Customer and the Authority desire to cooperate in the interest of achieving reliable and low cost service to electric consumers and recognize the potential importance of load management techniques in reducing demand and improving load factors: Now, therefore, for and in consideration of the mutual covenants and agreements herein contained, the Authority and Wholesale Customer agree to a Cooling Efficiency Program as follows: 1. The Cooling Efficiency Program is established in accordance with Exhibit "A", Lower Colorado River Authority Cooling Efficiency Program (hereinafter called Program), incorporated herein by reference. 2. The initial term of this agreement shall be for one (1) year, and thereafter on a month to month basis. This agreement may be terminated at any time by either party giving fourteen (14) days written notice to the other party of termination. Upon written notification of termination, the Wholesale Customer agrees to immediately notify all Installing Dealers of the termination date and that the Installing Dealers shall not accept "Equipment Installation Report/Request For Payment" applications after such date. The Wholesale Customer also agrees to remove all advertisements of the Program and request the Installing Dealers to do likewise.