SOUTHERN CALIFORNIA GAS COMPANY - 2013

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THIS AGREEMENT TO DELIVER THE 2013 -2014 SANTA ANA ENERGY EFFICIENCY PARTNERSHIP PROGRAM (the "Agreement ") between the City of Santa Ana, (the "City "), and Southern California Gas Company ( "Utility "), shall be effective as of January 1, 2013 ( "Effective Date "). SCG and the City may be referred to herein individually as a "Party" and collectively as "Parties ". The SANTA ANA ENERGY EFFICIENCY PARTNERSHIP may be referred to herein as the "Santa Ana Partnership" or the "Program." WHEREAS On November 8, 2012, the California Public Utilities Commission (the "Commission "), issued its Decision Approving 2013 -2014 Energy Efficiency Programs and Budgets (D. 12 -11 -015, the "Decision "). The Decision approves a portfolio of energy efficiency programs and budgets to be implemented in 2013 -2014, including the expansion of SCG Local Government Partnership Programs, which includes the Santa Ana Partnership; WHEREAS, the City and the Utility have expressed a commitment to participate jointly in the Program, allowing the city to achieve immediate and long -term energy savings in its own facilities and to demonstrate energy efficiency leadership in its communities while helping residents and businesses achieve sustainable reductions in energy use within SCG territory; and WHEREAS, the Parties desire to enter into an agreement that supersedes any and all previous agreements, and sets forth the terns and conditions under which the Programs shall be implemented with respect to the Parties. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. DEFINITIONS: All terms used in the singular will be deemed to include the plural, and vice versa. The words "herein," "hereto," and "hereunder" and words of similar import refer to this Agreement as a whole, including all exhibits or other attachments to this Agreement, as the same may from time to time be amended or supplemented, and not to any particular subdivision contained in this Agreement, except as the context clearly requires otherwise. "Includes" or "including" when used herein is not intended to be exclusive, or to limit the generality of the preceding words, and means "including without limitation." The word "or" is not exclusive. 1.1. Agreement: This document and all exhibits attached hereto, and as amended from time to time. 1.2. Authorized Partnership Budget: The Commission- approved maximum budget for funding the Partnership and performance by the Program Participants' of Authorized Work, the total amount which shall be apportioned among the Program Participants, including the City, by SCG in its sole and absolute discretion (see "Partner Budget "). 1.3. Authorized Work: The work authorized by the Commission for the Program as set forth in this Agreement and as more fully described in the Program Implementation Plan attached hereto as Exhibit A, and as agreed to be performed by the Parties. 2013 -14 Santa Ana Partnership Agreement 1