Demand Response Resource Adequacy Agreement Term SheetDemand Response Resource Adequacy Agreement • March 7th, 2022 • California
[East Bay Community Energy Authority, a California joint powers authority (“EBCE”)] [City of San José, a California municipality, doing business as San José Clean Energy (“SJCE”)] and [Respondent Name] (“Respondent”) in connection with the 2022 Renewable Energy & Storage Request for Offers (“RFO”). This Term Sheet is intended to set forth the key commercial terms and conditions to be included in a proposed demand response Resource Adequacy agreement (“DRRAA”) between Seller and Buyer for the purchase and sale of the Product (the “Proposed Transaction”). Negotiation of the DRRAA is subject to Buyer selecting the Proposed Transaction for the negotiation shortlist, the terms and conditions of the RFO, timely execution of the Exclusive Negotiating Agreement (as defined below) and posting of the Shortlist Deposit (as defined in the Exclusive Negotiating Agreement) by Seller. Until a definitive Agreement is approved by Respondent’s management, [EBCE/SJCE]’s management and the [EBCE Board of
