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6. PARTIES TO THIS AGREEMENT For purposes of this Agreement, each Agency intends to, and does, contract with every other Agency that is a signatory to this Agreement and, in addition, with every public agency that becomes a member under Paragraph 7. The withdrawal of any Agency from this Agreement does not affect its validity or enforceability as to the remaining Agencies. 7. PROCEDURE FOR BECOMING MEMBER OF ENERGY COUNCIL All of the Cities in Alameda County, and the County of Alameda, that have executed the Agreement by the effective date shall be members of the Energy Council. In addition, any city or county that shares and exercises powers in common with the Agencies may become a member of the Energy Council upon (1)presenting an adopted resolution to the Energy Council requesting to become a member of the Energy Council; (2)receiving Board approval of that request accepting the city or county to membership; and(3) signing this Agreement. 8. RESTRICTIONS UPON EXERCISE OF POWER OF ENERGY COUNCIL This Agreement is entered into under the provisions of Government Code section 6500 et seq. concerning joint powers agreements. The powers to be exercised hereunder shall be subject to the restrictions upon the manner of exercising those powers as limited by law. The manner of exercising powers granted by this Agreement shall be subject to the same restrictions as imposed upon the County of Alameda. If at any time the County of Alameda is not a party to this Agreement,the manner of exercising powers granted by this Agreement shall be subject to the same restrictions as imposed upon the largest city within Alameda County that is an Energy Council member. 9. FUNDS, AUDIT, AND ACCOUNTING SERVICES The Energy Council shall appoint an officer or employee as Finance Officer and that officer shall serve the combined functions of treasurer and auditor pursuant to Government Code sections 6505.5 and 6505.6 as those sections now exist or may be amended from time to time. The Finance Officer shall serve as the depositary and have custody of all Energy Council funds from whatever source, and shall perform the functions set forth in the above-referenced sections of the Government Code. 10. DISPOSITION OF ENERGY COUNCIL FUNDS UPON TERMINATION 6