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16. New Members. For the purpose of this section only, all Members admired after January <br /> 1, 1999 are New Members. <br /> <br /> (a) A public entity may be admired as a New Member only upon a two-thirds (2/3) <br /> vote of the Board and upon complying with all other requirements established by the <br /> 'Board and the Bylaws. <br /> <br /> (b) Each applicant for membership as a New Member must pay all fees and expenses. <br /> if any, set by the Board. <br /> <br />17. Withdrawal. Members may withdraw in accordance with conditions set forth in the <br /> Bylaws provided that no Member may withdraw if such withdrawal would adversely <br /> affect a bond or other indebtedness issued by ABAG POWER, except withdrawal under <br /> such circumstances may be effected upon a [super-majority] vote of the Board. <br /> <br />18. Expulsion/Suspension. ABAG POWER may expel or suspend a Member by a two-thirds <br /> (2/3) vote of the Board for a breach of this Agreement or the Bylaws determined by the <br /> Board to be a material breach. The procedures for hearing and notice of expulsion of a <br /> Member are provided in the Bylaws. <br /> <br />19. Termination and Distribution. <br /> <br /> (a) This Agreement continues until terminated. However, it cannot be terminated <br /> until such time as all principal of and interest on bonds and other forms of indebtedness <br /> issued by ABAG POWER are paid in full. Thereafter, this Agreement may be terminated <br /> by the written consent of two-thirds (2/3) of the Members; provided, however, that this <br /> Agreement and ABAG POWER continue to exist after termination for the purpose of <br /> disposing of all claims, distribution or assets and all other functions necessary to <br /> conclude the obligations and affairs of ABAG POWER. <br /> <br /> (b) After completion ofABAG POWER's purposes, any surplus money on deposit in <br /> any fund or account of ABAG POWER will be returned as required by law. The Board is <br /> vested with all powers of ABAG POWER for the purpose of concluding and dissolving <br /> the business affairs of ABAG POWER. <br /> <br />20. Notices. Notice to each Member under this Agreement is sufficient if mailed to the <br /> Member and separately to the Member's Director to their respective addresses on file with <br /> ABAG POWER. <br /> <br />21. Prohibition Against Assignment. No Member may assign a right, claim, or interest it <br /> , may have under this Agreement. No creditor, assignee or third party beneficiary of a <br /> Member has a right, claim or title to any part, share, interest, fund or asset of ABAG <br /> POWER. However, nothing in this section prevents ABAG POWER from assigning any <br /> interest or right it may have under this Agreement to a third party. <br /> <br /> 6 ABAG POWER JPA <br /> <br /> <br />