Fixed-Rate Contract. Upon submittal of individual invoices or vouchers, and pursuant to the Allowable Charges Clause in Section I of the contract the Contractor shall be paid as follows: (1) The amounts computed by multiplying the appropriate fixed-rate, or rates, set forth in Section I by the number units performed. The fixed rates shall include wages, indirect cost, general and administrative expense and profit; provided; however, that the fractional parts of a unit shall be payable on a prorated basis. Invoices or vouchers may be submitted once each month (or at more frequent intervals, if approved by the SCR), to the SCR or SCR's designee. Unless otherwise specified in this contract, the fixed rate only applies to employees of the Contractor and not to employees of subcontractors performing subcontracts. For the purposes of this clause, employees of the Contractor are defined as individuals who are treated as its employees with respect to federal or state income or employment taxes to the extent such individuals are so employed and are so treated.
Fixed-Rate Contract. Mobile-Sierra Clause The Parties hereby stipulate and agree that this Agreement was entered into as a result of arms’-length negotiations between the Parties. Further, the Parties believe that, to the extent the sale of Energy under this Agreement is subject to Sections 205 and 206 of the Federal Power Act, 16 U.S.C. Sections 824d or 824e, the rates, terms and conditions of this Agreement are just and reasonable within the meaning of Sections 205 and 206 of the Federal Power Act, and that the rates, terms and conditions of this Agreement will remain so over the life of the Agreement. The Parties waive all rights to challenge the validity of this Agreement or whether it is just and reasonable for and with respect to the entire term thereof, under Sections 205 and 206 of the Federal Power Act and to request the FERC to revise the terms and conditions and the rates or services specified in this Agreement, and hereby agree to make no filings at the FERC or with any other state or federal agency, board, court or tribunal challenging the rates, terms and conditions of this Agreement as to whether they are just and reasonable or in the public interest under the Federal Power Act. The Parties hereby further stipulate and agree that neither Party may bring any action, proceeding or complaint under Section 205 or 206 of the Federal Power Act, 16 U.S.C. 824d or 824e, seeking to modify, cancel, suspend, or abrogate the rates, terms and conditions of this Agreement, or to prevent this Agreement from taking effect. It is further agreed that, absent the agreement of both Parties to a proposed change, the standard of review for changes to any rate, charge, classification, term or condition of this Agreement, whether proposed by a Party (to the extent that any provision of this section is unenforceable or ineffective as to such Party), a non- party, or FERC acting sua sponte shall solely be the “public interest” application of the “just and reasonable” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Corp., 350 U.S. 332 (1956) and FPC v. Sierra Pacific Power Co., 350 U.S. 348 (1956), and clarified by
Fixed-Rate Contract. The Seller was organized by the Purchaser and 38 other electric membership corporations in Georgia to provide collectively for their electric capacity and energy requirements. This Agreement was established between the parties hereto, taking into account the present and projected needs for electric capacity and energy of the Members of the Seller, the costs of the facilities subject to and contemplated by this Agreement and the alternatives thereto. The parties agree that the rates established hereunder are just and reasonable under the current circumstances and reflect their determination of what would be just and reasonable under future conditions reasonably contemplated by them. The rates take into account specific benefits achieved by the parties through this Agreement and not otherwise available to the parties, and reflect the sharing of those benefits without undue discrimination against any current or future customer of the Seller.
Fixed-Rate Contract. The parties hereby stipulate and agree that this Agreement, including any Transaction hereunder, is a fixed rate contract and that it was entered into as a result of arms'-length negotiations between the Parties. The Parties intend that the rates, terms and conditions of this Agreement are just and reasonable within the meaning of Sections 205 and 206 of the Federal Power Act, 16 U.S.C. Sections 824d and 824e, and anticipate that the rates, terms and conditions of this Agreement will remain so over the life of the Agreement. The Parties hereby further stipulate and agree that neither Party may bring any action, proceeding or complaint under Section 205 or 206 of the Federal Power Act, 16 U.S.C. 824d or 824e, seeking to modify, cancel, suspend, or abrogate the rates, terms and conditions of this Agreement or any Transaction hereunder, or to prevent this Agreement or any Transaction hereunder from taking effect.
Fixed-Rate Contract. Mobile-Sierra Clause 27 Section 12.20 No Agreement for Electric Retail Service 28 Section 12.21 Attorneys’ Fees 28 Section 12.22 LADWP Business Policies 28 Section 12.22.1 Non-Discrimination and Equal Employment Practices 28 Section 12.22.2 Child Support Policy 31 Section 12.22.3 Affirmative Action Program 31 Section 12.22.4 Compliance with Los Angeles City Charter Section 470(c)(12) 35 Section 12.22.5 Equal Benefits Ordinance 36 Section 12.22.6 Contractor Responsibility Program 36 Section 12.22.7 Prevailing Wage 37 Section 12.22.8 Iran Contracting Act 37 Section 12.22.9 Los Angeles City Business Tax Registration Certificate 37 Section 12.22.10 Taxpayer Identification Number (TIN) 37 Section 12.22.11 Business Inclusion Plan 37 APPENDIX A FULFILLMENT RULES............................................................................. X-0 XXXXXXXX X BUYER AND SELLER BILLING, NOTIFICATION AND CONTACT INFORMATION...................................................................... B-1 APPENDIX C CALCULATION OF MONTHLY PAYMENT.......................................... C-1 APPENDIX D FACILITY... ................................................................................................ D-1 APPENDIX E ENERGY PRODUCTION PROFILE... ...................................................... D-1 APPENDIX F INSURANCE ...............................................................................................F-1 APPENDIX G INTERCONNECTION AGREEMENT ..................................................... G-1 APPENDIX H SITE CONTROL FORM ............................................................................ H-1 APPENDIX I BUSINESS INCLUSION PLAN ..................................................................I-1 COMPETITIVE OFFER POWER PURCHASE AGREEMENT THIS COMPETITIVE OFFER POWER PURCHASE AGREEMENT (“Agreement”) for
Fixed-Rate Contract. The Parties hereby stipulate and agree that, under the facts and circumstances known to them at this time, this Agreement was entered into as a result of arms'-length negotiations between the Parties. Further, the Parties believe that the rates, terms and conditions of this Agreement are just and reasonable within the meaning of Sections 205 and 206 of the Federal Power Act, 16 U.S.C. Sections 824d and 824e, and that the rates, terms and conditions of this Agreement will remain so over the life of the Agreement. The Parties waive all rights to challenge the validity of this Agreement or whether it is just and reasonable for and with respect to the entire term thereof, including any rights under Sections 205 and 206 of the Federal Power Act to request the FERC to revise the terms and conditions and the rates or services specified in this Agreement, and hereby agree to make no filings at the FERC or with any other state or federal agency, board, court or tribunal challenging the rates, terms and conditions of this Agreement as to whether they are just and reasonable or in the public interest under the Federal Power Act. The Parties hereby further stipulate and agree that neither Party may bring any action, proceeding or complaint under Section 205 or 206 of the Federal Power Act, 16 U.S.C. 824d or 824e, seeking to modify, cancel, suspend, or abrogate the rates, terms and conditions of this Agreement or any Transaction hereunder, or to prevent this Agreement or any Transaction hereunder from taking effect. It is further agreed that, in the event any of the Parties challenges this Agreement for any other reason, they will not dispute the applicability of the public interest standard as that term has been defined and interpreted under the Federal Power Act and the cases of United Gas Pipe Line Co. v. Mobile Gas Corp., 350 X.X. 000 (0056), and FPC v. Sierra Pacific Power Co., 350 U.S. 348 (1956), and subsequent cases.
Fixed-Rate Contract. GTC was organized by the Transmission Customer and the other electric membership corporations in Georgia to provide collectively for transmission service for their electric capacity and requirements. This Agreement was established between the Parties, taking into account the present and projected needs for Transmission Service and Ancillary Services of the GTC Members, the costs of the services subject to and contemplated by this Agreement and the alternatives thereto. The Parties agree that the rates established hereunder are just and reasonable under the current circumstances and reflect their determination of what would be just and reasonable under future conditions reasonably contemplated by them. The rates take into account specific benefits achieved by the Parties through this Agreement and not otherwise available to the Parties, and reflect the sharing of those benefits without undue discrimination against any current or future customer of GTC.
Fixed-Rate Contract. Mobile-Sierra Clause. The Parties hereby stipulate and agree that this Agreement was entered into as a result of arms’-length negotiations between the Parties. Further, the Parties believe that the rates, terms and conditions of this Agreement are just and reasonable within the meaning of Sections 205 and 206 of the Federal Power Act, 16 U.S.C. Sections 824d or 824e, and that the rates, terms and conditions of this Agreement will remain so over the life of the Agreement. The Parties waive all rights to challenge the validity of this Agreement or whether it is just and reasonable for and with respect to the entire term thereof, under Sections 205 and 206 of the Federal Power Act and to request the FERC to revise the terms and conditions and the rates or services specified in this Agreement, and hereby agree to make no filings at the FERC or with any other state or federal agency, board, court or tribunal challenging the rates, terms and conditions of this Agreement as to whether they are just and reasonable or in the public interest under the Federal Power Act. The Parties hereby further stipulate and agree that neither Party may bring any action, proceeding or complaint under Section 205 or 206 of the Federal Power Act, 16 U.S.C. 824d or 824e, seeking to modify, cancel, suspend, or abrogate the rates, terms and conditions of this Agreement, or to prevent this Agreement from taking effect. It is further agreed that, in the event any of the Parties challenges this Agreement for any other reason, they will not dispute the applicability of the public interest standard as that term has been defined and interpreted under the Federal Power Act and the cases of United Gas Pipe Line Co. v. Mobile Gas Corp., 000 X.X. 000 (1956) and FPC v. Sierra Pacific Power Co., 350 U.S. 348 (1956), and subsequent cases.
