RES 96016 - Laserfiche WebLink

13.3 Credit Account Pay0ut: Within ninety (90) days after cancellation, ABAG will pay to Public Agency the amount of its Credit Account as modified pursuant to Paragraph 9.2, less any debits imposed pursuant to Paragraph 9.1 and less any outstanding Actual Charges owed by Public Agency. 14. Power Purchasing Pool Committee: (Public Agency Representative), shall be the Public Agency's representative to the Power Purchasing Pool Committee to the ABAG Executive Board. The Power Purchasing Pool Committee shall provide policy direction for the Program. The Committee' s powers shall include admission of new Participants and the extension of any contracts for the purchase of natural gas and/or related services under rules and procedures adopted by the Committee. 15. Approvals: The Public Agency Representative may grant any approval, or give any direction required by this Agreement, in writing or orally. Written approvals or directions may be mired physically, by facsimile or electronically. Oral approvals will be confirmed in writing by either party. 16. Attorneys' Fees: In the event either party invokes its right to arbitration under Section H of Exhibit B due to an alleged breach of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator. 17. Ownership of Files, Reports, Photographs, and Related Documents: Upon termination of the Agreemere, any and all files, reports, photographs, plans, specifications, drawings, data, maps, models and related documents respecting in any way the subject matter of this Agreement, whether prepared by ABAG, the Public Agency or third parties and in whatever media they are stored shall remain or shall become the property of the Public Agency and the Public Agency shall acquire title to, and copyright ownership of, all such documents. The Public Agency hereby grants to ABAG an irrevocable license to retain a copy of all records covered by this section for ABAG's files. 18. Indemnity: Public Agency shall indemnify and hoM harmless ABAG, its directors, its member agencies, its agents and its employees from and against all claim.% damages, losses and expenses including attomey's fees, arising out of or resulting from the perfotmalr, e or non-performance .of the services required by this Agreement, unless such is caused by the negligence of ABAG, its directors, its member agencies, its agents or its employees. 19. Assignment/Security Arrangements: Public Agency hereby acknowledges that ABAG may, in order to finance security deposit and cash flow deficits incurred in connection with the operation with this Program, incur short-term debt which may be secured by an assignment, encumbrance or hypothecation of this Agreement and/or payments due hereunder. -6-