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<br /> ENERGY FITNESS PROGRAM AGREEMENT <br /> Between <br /> LOWER COLORADO RIVER AUTHORITY <br /> And SAN MARCOS ELECTRIC UTILITY <br /> This Agreement is made and entered into as of the..1l..- day of February, 199..2...., by and <br /> between LOWER COLORADO RIVER AUTHORITY (Hereinafter called "LCRA") and San Marcos Electric <br /> Utility (Hereinafter called "'¡,Vholesale Customer"). <br /> WIT N E SSE T H: <br /> WHEREAS, by enactment of the Lower Colorado River Authority Act of 1934, as amended, the <br /> Legißtatuye of the State of 1'exa.B declan~d that creation of the Lower Co\orado River Âufuorhy, a <br /> conservation and reclamation district, was essential to the purposes of Article XVI, Section 59 of the Texas <br /> Constitution, including among others, the generation of electric energy and power and the conservation <br /> and development of electric power in the State of Texas; and <br /> WHEREAS, LCRA, pursuant to the authority granted it by such authority, operates and maintains <br /> Fl.;) electric power generation and transmission system; and <br /> WHEREAS, LCRA, and Wholesale Customer have heretofore entered into a contract dated <br /> 02/11/92 (which contract as amended and supplemented is hereinafter called the "Power <br /> Contract"), under which electric power and energy are supplied by LCRA at wholesale and purcMsed by <br /> Wholesale Customer for resale; and <br /> WHEREAS, LCRA is authorized by law to undertake, sponsor, initiate, coordinate and otherwise <br /> participate in programs int:: :1ded to conserve electric energy, induding programs w hich\1) encourage <br /> more efficient use of electrIc energy, and (2) reduce the total use of electric energy through conservation <br /> programs, and to issue from time to time, revenue bonds, notes or other obligations for the purpose of <br /> funding such conservation p;ograms through grants or loans of money, services or equipment to persons <br /> or entities other than LCRA;:md <br /> WHEREAS, LCRA and Wholesale Customer, in accordance with contractual arrangements between <br /> them are cooperating in certain projects designed to encourage residential customers to reduce <br /> unnecessary energy consumption, thereby helping to ensure an ample supply of electric power to the <br /> electric power consumers ÌI\ the LCRA region, defernng the com.ttu.~t\OI\ of addi\iowM ge\'\eyati'ùt\ åwd/m <br /> transmission facilities and improving system efficiency which will permit rates to be lower than would <br /> otherwise be necessary; and <br /> WHEREAS, LCRA and Wholesale Customer wish to consolidate into a single, unified program <br /> ti,~ projects through which Wholesale Customer makes financial assistance available to customers, an <br /> . " .lergy Fitness Program (hereinafter called the "Program") which is available to Wholesale Customers of <br /> LCRA power is hereby created; and <br /> WHEREAS, LCRA and Wholesale Customer desire to agree upon the respective rights and <br /> obligations of the parties for the development, implementation, and administration of the Program; <br /> NOW, THEREFORE, In consideration of the promises and the mutual covenants herein contained <br /> and subject to the provision;, 'Jf the LCRA Act and other applicable statutes and/ or regulations, the parties <br /> 1 REV. 07/19/91 <br />