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a. In the event of termination of the Energy Council where there is a successor public <br /> entity, which will carry on the activities of the Energy Council and assume its <br /> obligations, Energy Council funds, including any interest earned on deposits, <br /> remaining upon termination of the Energy Council and after payment of all <br /> obligations shall be transferred to the successor public entity. <br /> b. If there is no successor public entity, which would carry on any of the activities of the <br /> Energy Council or assume any of its obligations, Energy Council funds, including any <br /> interest earned on deposits, remaining upon termination of the Energy Council and <br /> after payment of all obligations, shall be distributed by the Board consistent with the <br /> purposes and terms of the original funding source(s). <br /> c. If there is a successor public entity which would undertake some of the functions of <br /> the Energy Council and assume some of its obligations, Energy Council funds, <br /> including any interest earned on deposits, remaining upon termination of the Energy <br /> Council and after payment of all obligations and payment to the successor public <br /> entity of funds for the functions and obligations assumed by the successor public <br /> entity, shall be distributed by the Board consistent with the purposes and terms of the <br /> original funding source(s). <br /> d. In the event the Energy Council is terminated all decisions of the Board with regard <br /> to determinations of amounts and recipients of distributed funds shall be final. <br /> 11. WITHDRAWAL, TERMINATION OF MEMBERSHIP, TERMINATION OF ENERGY <br /> COUNCIL <br /> Any Agency may withdraw from the Agreement following written notice submitted to the <br /> Energy Council at least six months in advance of the effective date of withdrawal. The <br /> membership of any agency which ceases to have powers in common with the parties to this <br /> Agreement shall terminate thirty(30)days after the agency ceases to have powers in common <br /> with the parties to this Agreement. If the Energy Council receives no funding for three <br /> consecutive fiscal years, the Board shall consider terminating the Energy Council. <br /> 12. AMENDMENTS <br /> This Agreement may be amended by the affirmative vote of the governing bodies of not less than <br /> two-thirds of all Agencies. <br /> 13. NOTICES <br /> 7 <br />