ASSOCIATION OF BAY AREA GOVERNMENTS DIRECT ACCESS ELECTRIC AGGREGATION

i ~ the affiliated committees, subcommittees or working groups responsible for developing such conditions. Further, ABAG cannot represent or warrant that the enumerated conditions will remain unchanged or that new.conditions will not be imposed. Public Agency hereby agrees to hold ABAG harmless for any costs or direct or consequential damages, incurred by Public Agency, or by anyone making a claim through Public Agency. 4. CPUC Conditions to Public Aeencv's Participation in Direct Access: Public Agency will take such action as may be necessary to meet all conditions imposed on Public Agency to participate in direct access as a customer, including but not limited to: (a) submit such documents as may be required by the CPUC to the appropriate entity. (b) provide ABAG with such information as may be required by the Direct Access Service Request (DASR), (c) conform this Agreement to all requirements imposed by the CPUC for written contracts between direct access customers and ESP's, (d) install meters capable of providing hourly data and required data communications capabilities (Hourly Meters) for each Account, (e) pay, or caused to be paid, all stranded costs associated with the Utility meter replaced under section (d) of this paragraph, and (f) pay, or cause to be paid all outstanding balances for all Accounts. Under current CPUC proceedings, metering requirements may be met by a customer (a) requesting the Utility Distribution Company (UDC) to install Hourly Meters, (b) installing Hourly Meters, or (c) causing Hourly Meters to be installed by third parties (including the ESP). ABAG anticipates issuing a Request for Proposals to install Hourly Meters for all, or some of the accounts previously identified to ABAG as accounts which potential participants in the Electric Program wished to aggregate. The choice of how Public Agency will fulfill the metering requirement and whether all Participants must make .the same election for their respective Accounts will. be mutually decided by ABAG and Public Agency at a later date based on (1) the probability of installing Hourly Meters for all Accounts by January 1, 1998, or the earliest possible date thereafter, (2) any additional costs incurred to install Hourly Meters by such date, and (3) supply of Hourly Meters. 5. CPUC Conditions Precedent to ABAG's Obli ations: ABAG will take such action as may be necessary to meet all conditions imposed on ABAG to participate in direct access as an ESP, including but not limited to: (a) register with the CPUC, (b) submit a DASR for each account, (c) enter into a Basic ESP Service Agreement with the UDC, (d) enter into the appropriate Billing Services Attachment to the Basic ESP Agreement, (e) enter into the appropriate Metering Services Attachment to the Basic ESP Agreement,