BPA Sample Clauses
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BPA. BPA represents and warrants to ▇▇▇ as follows:
(1) BPA is duly authorized to execute this Agreement. This Agreement constitutes a legal and valid obligation of BPA enforceable in accordance with its terms to the full extent provided by law. The enforceability of this Agreement is qualified as to: Limitations imposed by bankruptcy laws of the United States, insolvency, reorganization, arrangement, moratorium, or other laws relating to or affecting the enforcement of creditor's rights generally.
(2) Upon execution of this Agreement, BPA warrants that there are no known conflicts with this Agreement and that this Agreement does not constitute a material breach of or a default under any constitutional provision, law, or administrative regulation, or violate any judgment, decree, or other instrument, or any other contract related to the Route to which BPA is a Party or to which BPA or any of its property or assets is subject.
(3) BPA has made no other representations or warranties outside of this Agreement and ▇▇▇ acknowledges and agrees that it is not relying on any other representations or warranties.
BPA. Professional Conduct-Confidential Treatment of Sensitive Information
BPA. The Bonneville Power Administration or its successor.
BPA. You acknowledge that this Agreement is contingent upon your agreement to be bound by all of the provisions of the Company's Business Protection Agreement ("BPA"), a copy of which has been delivered to you. Accordingly, you covenant to be bound and abide by all terms and provisions of the BPA, regardless of whether such agreement is ever signed or delivered by you. 8.
BPA. Exposure
BPA. Exhibit A Reimbursement Rate Schedule
BPA. While issues will likely arise during the formulation of final contract which will require resolution, we think the term sheet represents a fair effort by BPA to balance the interests of the DSIs with the interests of BPA’s other customers within the discretion granted BPA by the Court in PNGC. At the outset we think it is important to note that the PNGC decision grants BPA the authority to serve the DSIs, the Court also recognized that Section 7(c) of the Northwest Power Act determines how the rates to the DSIs are to be developed. That section provides “The rate or rates applicable to direct service industrial customers shall be established— for the period beginning July 1, 1985, at a level which the Administrator determines to be equitable in relation to the retail rates charged by the public body and cooperative customers to their industrial consumers in the region.” A comparison between BPA’s proposed service under the July 17, 2009 term sheet with the terms of service that form the basis for BPA service to consumer owned utilities’ industrial customers is worth evaluating when considering whether Alcoa’s terms of service and rates are equitable in relation to the retail rates charged by consumer owned utilities to their industrial consumers in the region. The comparison reveals that industrial consumers of publicly owned utilities will receive more favorable terms, at ▇▇▇▇▇ ▇▇▇▇▇ D-7 August 3, 2009 more favorable rates than the two remaining aluminum DSIs would receive under BPA’s proposed term sheet: DSIs Consumer Owned Utilities’ Base Service for Their Industrial Customers Conditions Service linked to market Power Prices None Quantity 2/3 of historic load 100% of historic loads Price IP RATE = $34.6/MWH at 100% LF PF Rate = 27.4/MWH at 100% LF Term 7 years. 20 years. Quality Partially interruptible to preserve firm loads including consumer owned utility industrial loads Firm Alcoa makes this comparison to give some perspective to the campaign that consumer owned utilities and their industrial customers are waging against the compromise contract that BPA has proposed. We recognize that many of BPA’s preference customers will urge BPA to end all power supply service to Alcoa. Many will argue that providing electric power service to the DSIs will unfairly raise rates to other customers and thereby increase the loss of jobs elsewhere in the region. Alcoa loads are located within the service territories of consumer-owned utilities and have been served b...