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2010-80 AGREEMENT FOR THE PURCHASE OF POWER GENERAL SERVICE DEMAND - INTERRUPTIBLE (GSDI) This AGREEMENT, made this 30 7k day of N ov , 2010, between SUMTER ELECTRIC COOPERATIVE, INC. (hereinafter called the "Seller ") and the City of Clermont, Florida (hereinafter called the "Consumer"). WITNESSETH: The Seller agrees to sell and to deliver to the Consumer and the Consumer agrees to purchase and receive from the Seller all of the electric power and energy which the Consumer may need at 3335 Hancock Road Reclaim Water Facility, account # 4000418400 upon the following terms: 1. SERVICE CHARACTERISTICS: Service hereunder shall be altemating current, three - phase, sixty cycles, 277/480 volts. Service does not include standby, emergency, or resale terms. The consumer has requested this "Interruptible" service, where service may be interrupted by the Cooperative during any time period in which peak monthly loading conditions are anticipated. A monthly Demand charge. as identified in the GSDI rate schedule. will only be applicable in the event the consumer fails to inten service on each and every occasion when requested to do so by the Cooperative. The Seller agrees to notify the Consumer of the "Interruptible" periods not less than 30 minutes prior to the initiation of an "Interruption" period for the purpose of establishing the Consumer's monthly billing demand. The Seller shall also notify the Consumer at the end of each "Interruption" period. 2. PAYMENT: A. The Consumer shall pay the Seller for service hereunder at the rates and upon the terms and conditions set forth in the General Service Demand Interruptible Rate Schedule which is made a part of this Agreement, and such rates and terms and conditions of service as may be hereafter adopted by the Board of Trustees of Sumter Electric Cooperative, Inc. The minimum charge per month shall be the minimum monthly charge provided for in the rate schedule. Acct. # 4000418400 AGREEMENT FOR THE PURCHASE OF POWER GENERAL SERVICE DEMAND - INTERRUPTIBLE (GSDI) CITY.OF CLERMONT, FLORIDA Page 2 B. The Consumer agrees that if, at any time, the rate under which the Seller purchases electric energy at wholesale is modified, the Seller may make a corresponding modification in the rate for service hereunder. 3. CONTINUITY OF SERVICE: The Seller shall use reasonable diligence to provide a constant and uninterrupted supply of electric power and energy in non - interruption periods, but if such supply shall fail or be interrupted, or become defective through an act of God, or the public enemy, or by accident, strikes, labor troubles, or by action of the elements, or inability to secure rights -of -way, or other permits needed, or for any other cause beyond the reasonable control of the Seller, the Seller shall not be liable. 4. MEMBERSHIP: The Consumer shall become a member of the Seller, shall pay the membership fee and be bound by the provisions of the Articles of Incorporation and By -Laws of the Seller and by such rules, regulations, and policies as may from time to time be adopted by the Seller. 5. TERMS: This Agreement shall become effective on the date service is first delivered hereunder by the Seller to the Consumer, and ' shall remain in effect for a period of one year and thereafter until terminated by either party giving to the other one (1) month's notice in writing. 6. SUCCESSION AND APPROVAL: This Agreement shall be • binding upon and inure to the benefit of the successors, legal representatives and assigns of the respective parties hereto. 7. SECURITY DEPOSIT: The Consumer is not required a security deposit unless there is a transfer of ownership and / or a transfer of operations to a third party non - governmental entity. Acct. # 4000418400 AGREEMENT FOR THE PURCHASE OF POWER GENERAL SERVICE DEMAND - INTERRUPTIBLE (GSDI) CITY OF CLERMONT, FLORIDA Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives all as of the day and year first written above. SUMTER ELECTRIC COOPERATIVE, INC. B WITNESSED BY: CONSUMER 1 C By: , � c Na e t Signature of Officer CA itle J Title Acct. # 4000418400