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Item 9ECITY OF SOUTHLAK MEMORANDUM (September 17, 2013) To: Shana Yelverton, City Manager From: Caroline Eckel, Assistant to the City Manager Subject: Item 9E: Approve contract with TXU to provide electric services for the term of November 2014 to May 2018 Action Requested: Approve a forty-three month fixed rate agreement with TXU Energy for the supply of electricity for the term of November 2014 to May 2018. Background Information: The City of Southlake has maintained a fixed rate agreement for electricity with TXU Energy since 2007. In 2007, the City negotiated a rate that was favorable at that time of $0.0805676 per kwh. In 2012, the City renegotiated and extended the agreement for another two years at $0.06848 per kwh. This agreement is set to expire in November 2014. The proposed contract would allow the City to secure a reduced rate for electric services when the current contract expires in November 2014. Taking action at this time will allow the City to establish a lower fixed rate for future energy costs while rates in the market are low. TXU and city staff have been monitoring the market. TXU and a number of other potential providers have recently approached the City with favorable rate opportunities due to the current market conditions. Recognizing future uncertainties in the electric and gas markets, staff has researched current pricing for a variety of energy providers and found that all rates are coming in lower than our current fixed rate of $0.06848 per kwh. TXU Energy's proposal includes • $0.05 per kilowatt hour rate, or lower* *The final rate will depend on the market rate at the time of council action and should not vary much from the rate above. • 43 month term • An increase in power from renewable energy sources from 10% to 25% • An estimated savings of $450,000, or more, over the term of the contract Staff recommends entering into an agreement with TXU Energy because their rate is comparable to others that were quoted and it includes an increase in the percentage of renewable energy. TXU Energy's ongoing level of customer service and responsiveness to the City's needs has also been greatly appreciated. Furthermore, by contracting now, the City will be able to take advantage of favorable market conditions and protect itself from uncertainties in the market during the remainder of our current contract and throughout the 43 month term of the contract proposed. Financial Consideration: An estimated savings of approximately $450,000, or more, over the 43 month term. Strategic Link: The proposed contract update aligns with the City Strategy Map under the Focus Area "Performance Management & Service Delivery" and Corporate Objective "134 Provide high quality services through sustainable business practices." Citizen Input/ Board Review: N/A Legal Review: The standard contract language has been reviewed previously by the City Attorney. Alternatives: 1. Enter into a shorter term agreement (1 year) 2. Choose a different electric provider 3. Wait to establish a new contract prior to the November 2014 contract expiration Supporting Documents: Proposed Agreement Staff Recommendation: Council approval of the contract with TXU Energy to provide electric services for the term of November 2014 to May 2018 Staff Contact: Caroline Eckel, Assistant to the City Manager TXU Energy Retail Company LLC REP Certification No.10004 6555 Sierra Drive 3-S-24 Irving, TX 75039 DATE August 29, 2013 SELLER: TXU Energy Retail Company LLC BUYER: City of Southlake 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7642 QUOTE NUMBER: 0065098888 ESI ID REGISTRATION ACKNOWLEDGEMENT By signing this acknowledgement, Buyer represents and:warra and shown in Exhibits A and A-1 to the subject Transactioi Electricity ("Transaction Confirmation") is correct..1or all of=; hE such Exhibits A and A-1 and contracted under such Transac represents and warrants that each and every ESI !D and f primarily serves Buyer's commercial non-residential, purpose therein (including the Monthly Contract Usage Quantities) is'ac to bear all responsibility, liability, and associated costs, and he (i) the foregoing representation and warranty, as well, as (ii) `< Exhibit A, and/or ESI IDs erroneously listed 6h,'Exhibit A Signature: Printed Name: Title: Date: TXU City of Southlake.65098888.SAMPLE-TC.sre.0829213 Version Fixed Swing Nodal 02.20.2013 Transaction Confirmation for Supply of Electricity Quote 0065098888 Product: Fixed Number: Swing Business 20123669 Partner #: Buyer: City of Southlake Seller: TXU Energy Retail Company LLC 1400 MAIN ST STE 440 REP Certification No. 10004 SOUTHLAKE, TX 76092-7642 6555 Sierra Drive 3-S-24 Irving, Texas 75039 Attn: Retail Contract Administration Phone: 817-481-5581 Fax: 1 817-481-1463 1 Phone: 866.57.6=6745 Fax: 972 556-6108 I. Agreement Primary Term: The Primary Term for each Premise will begin on>the..first meter read, and end on the first regularly Term scheduled meter read, for each Premise occurring on or after the hates listed below in compliance with the Base Contract for Supply of Electricity. Primary Term Start Date: November 21, 2014 Primary Term,End Date: May 31, 2018 II. Charges Charge Type Amount (MonthlyCharges will be the total of the items listed in this Article 11.) (i) All kWh Charge $$$$$$ per kWh (The per kWh "Contract Price") The All kWh Charge includes charges for the commodity; Energy (shaped), Ancillary Services, Qualified Scheduling Entity'' Charges; Renewable Energy Credit Charges, Congestion (including but not limited to Reliability Unit Commitment ("RUC")), Line Losses (TDSP), Market Clearing Price for Capaclty; ERGOT Administration Fee/ISO Fees, and Unaccounted for Energy (°UFE") as defined and specified in•the ER COT Protocols and the applicable TDSP's Tariff in effect as of .the date of this Agreement.'.It will also include the settlement charges to the applicable ERGOT Load Zone. ii. Excess Usage If Buye.?i total consumption of Power for all Premises in a calendar month exceeds the total amount listed in Exhibit A-1 for such month by more than the Excess Usage Tolerance percentage specified below; then Seller may charge Buyer 105% of the then current Market Price (as defined below) as the "Contract Price" for such excess quantities. The "Market Price", for purposes of this. Excess Usage and the Under Usage paragraph below, shall be the weighted average of the Real Time Settlement Point Price(s) for the applicable load zone(s) in the applicable month; plus all charges associated with Ancillary Services, Qualified Scheduling Entity Charges, Renewable Energy Credit Charge, Congestion (including but not limited to Reliability Unit Commitment ("RUC")), Line Losses (transmission and distribution provider), Market Clearing Price for Capacity, ERGOT Administration Fee/ISO Fees, and LIFE. -Excess Usage Tolerance: 20% iii. Under Usage Except to the extent caused by a Force Majeure event or Seller's breach, if Buyer's total consumption of Power for all Premises in a calendar month is less than the total amount listed in Exhibit A-1 for such month by more than the Under Usage Tolerance percentage specified below, then, in addition to paying for the Power actually consumed, Buyer agrees to pay Seller for the cost of liquidating the Shortfall Quantity. The "Shortfall Quantity" shall mean [((100% minus the Under Usage Tolerance specified below) multiplied by (the aggregated monthly contract usage quantities listed on Exhibit A-1 for the applicable month)) minus (the aggregated quantities consumed by Buyer during the month)]. The cost of liquidating the Shortfall Quantity shall be the positive amount, if any, calculated as follows: [(the Shortfall Quantity) multiplied by (the Contract Price minus 95% of the then current Market Price for the Shortfall Quantity)). Under Usage Tolerance: 20% iv. Standing Charge The sum of the Monthly Standing Charges for all ES IDs as listed in Exhibit A. v. Other Charges Varies by ESI ID throughout the Term. All charges, other than those listed above or below, imposed upon Seiler or Buyer by the TDSP or another Party that are allowed or required by the PUCT, ERGOT, or any other governmental or regulatory authority, on or with respect to the ac uisition, sale, delive , and purchase of the Power. City of Southlake.65098888.SAMPLE-TC.sre.0829213 Version Fixed Swing Nodal 02.20.2013 vi. Taxes Varies by ESI ID throughout the Term. All taxes imposed by any governmental or regulatory authority on the acquisition, sale, delivery, and purchase of the Power. Includes Seller's Texas Gross Receipts Tax and Public Utility Commission Assessment on the acquisition, sales, delivery, or purchase of the Power. vii. $0.0000000 per kWh. Buyer represents that it has not entered into any contract, arrangement or Aggregator/Third understanding with any person that may result in the obligation of Buyer or Seller to pay any Party Fee finders fees, broker or agent commissions or other like payments in connection with the negotiations leading to this Agreement or the consummation of the transactions contemplated hereby. If any such fees, commissions or payments are alleged to exist or be owing, Buyer shall be responsible for all such fees, commissions and payments, and shall indemnify and hold harmless Seller from and against all costs, expenses, damages, liabilities and other charges incurred by Seller in connection with dis uting and resolvin2 any such claims. III. BILLING MULTI -SITE 1-INVOICE via HARD COPY Net 30 days from the date of the invoice via CHECK IV. SPECIAL INITIAL SECURITY: An initial cash deposit in the amount of $0.00 is required within sixteen (16) days from the PROVISIONS issuance date of the invoice for the deposit. Once received, the cash deposit may be replaced by a surety bond, or an irrevocable letter of credit either of which shall be (i) in a form reasonably acceptable to Seller, (ii) from an institution reasonably acceptable to Seller, and (iii) in the same dollar amount.9's the cash deposit. The security shall remain in effect until at least two (2) months after the Primary Term End Date.. BLEND AND EXTEND. Both Parties will work in good faith during the Agreement Term to reasonably accommodate and assist Buyer with the management of its electricity needs at the Premises. For example, if Buyer desires to blend and extend the Agreement Term (i.e., blending the existing;; price, on a prospective basis, with a new market based price for a time period extending the term of the existing Agreement), both Parties will work in good faith to mutually agree upon the terms and conditions that are economically viabl.e,to both Parties.However'•notwithstending the previous language, nothing contained herein shall `be construed as.to deny or diminish the economic benefit of the Agreement to either Party, and neither Partyshall be under any obligation whatsoever to agree to a modification that would have such result. SITE SUBSTITUTION In the event Buyer sells, closes, or leases=a particular Premise, without selling, closing, or leasing all of the Premises, Buyer shall have the right to delete that particular Premise from Exhibit A through the end of the Term, without terminating the Agreement, provided that Buyer simultaneously adds a new Premise that (i) is in the same ERGOT congestion zone, (ii) is in,the;same ERCOT weather. zone, (iii) has the same ERGOT deemed load profile as the deleted Premise, and (iv) has projected consumption within 95-105% of the consumption projected for the deleted Premise. No adjustment will be made;ao the quantities on Exhibit A-1 and there will be no financial impact (i.e., liquidationlbuymore charges) to. Buyer when making a site substitution hereunder. If Buyer desires to exercise the terms of this provision with regard to a particular Premise, Buyer shall notify Seller in writing, using a single form (on Seller's then current standard formJor such request) identifying such Premises to be deleted and added, at least thirty (30) calendar days prior,..#o the effectiveAate of themdeletion of the Premise. Additions and deletions of Premises not made in accordance with,this. provision may be made only in accordance with Sections 5.1 and 5.2 of this Agreement. .EXECUTION Buyer and Seller each agree that this Transaction Confirmation, may be executed by written or electronic signature and m. ay be delivered by facsimile or other electronic transfer in multiple counterparts, each of which will be as binding on the Buyer;or Seller as an original document. Buyer or Seller each understand and agree that such facsimiles or other elecironic transmissions shall be deemed to constitute the original of such documents, and that any objections that they do not constitute the "best evidence" of the documents, or that they do not comply with the "Statute of Frauds," as well as any other similar objections to the validity or admissibility of the document, are hereby expressly waived by the Buyer and Seller.. ;. V. BASE Buyer acknowledges that it has previously been furnished with a Base Contract for Supply of Electricity ("Base CONTRACT Contract"), which is an integral part of the Agreement to which this Transaction Confirmation applies. In the event that Buyer has not executed the Base Contract as of the time of Buyer's execution of this Transaction Confirmation, then Buyer's execution of this Transaction Confirmation shall be deemed to be Buyer's ratification, adoption and acceptance of the Base Contract as last provided by Seller. Exhibits A & A-1 and other attachments, as applicable, are incorporated herein by reference. City of Southlake.65098888.SAMPLE-TC.sre.0829213 Version Fixed Swing Nodal 02.20.2013 Buyer Legal Name: Seller Legal Name: City of Southlake TXU Energy Retail Company LLC, a Texas political subdivision a Texas limited liability company By (Name of General Partner or Agent if applicable): Its General Partner Buyer Signature: Seller Signature: Officer's Printed Name: Officer's Printed Name: Gabriel R. Castro Title: Title: Vice President Date: Date: City of Southlake.65098888. SAM PLE-TC.sre.082921 3 Version Fixed Swing Nodal 02,20.2013 Legal Name: City of Southlake Estimated Load Factor: 35.71 Total Contract kWh: 23,815,281 Primary Term: 43 Quote;0065098888 Price Type: Fixed TXU N® energy TDSP Delivery ESI I❑ ESI ID Address Congestion Meter Cycle.; Meter Cycle. _Meter Cycle End Profile IDR or Standing ESI Peak Voltage Zone: }.Start Non-IDR Char a KW TXU Secondary 10443720008727718 1101 N CARROLL AVE NORTH 18 November 25, June 21, 2018` - BUSLOLF NON-IDR 0 48 SOUTHLAKE TX 76092- 201.4 - 5307 TXU Secondary 10443720007638874 84G SHADY UN NORTH 18 .: November 25, June 21, 2018 BUSLOLF NON-IDR 0 54 SOUTHLAKE TX 76092- 2014 5512 TXU Secondary 10443720009189745 461 N KIMBALL AVE NORTH 18 November 25, ;' June 21, 2018 BUSNODE NON-IDR 0 O SOUTHLAKE TX 76092- 2014 M 6642 TXU Secondary 10443720004403871 @STREET LIGHTS NORTH- '" `19 November 26, June 24, 2018 NMLIGHT NON-IDR 0 0 SOUTHLAKE TX 76092- 0000 TXU Secondary 10443720007807676 1225 MCCRAE TRL - __ NORTH : 19 �'__:_ November 26, June 24, 2018 BUSNODE NON-IDR 0 0 SOUTHLAKE TX 76092- - _..... 2014 M 3242 _._- ., TXU Secondary 10443720006002223 @STREETLIGHTS _ NORTH.,... .19 •:`November26, June 24,2018 NMLIGHT NON-IDR 0 D SOUTHLAKE TX 76092- -,.... ........:>..:. 2014 ODOO - .:- .. ....... TXU Secondary 10443720004404057 @STREETLIGHTS NORTH 19.-,- November26, June 24,2018 NMLIGHT NON-IDR 0 O SOUTHLAKE TX96092- 2014 0000 TXU Secondary 10443720004403902 - __@STREET LIGHTS NORTH 19 November 26, June 24, 2018 NMLIGHT NON-IDR 0 0 SOUTHLAKE TX 76092- '' 2014 ` 0000 TXU Secondary 10443720004403933 `_ @STREET LIGHTS NORTH 19 November 26, ,Lune 24, 2018 NMLIGHT NON-tDR 0 0 _- SOUTH LAKE TX 76092- 2014 0000 TXU Secondary 10443720OD8825433 STREETLIGHSTLG NORTH 19 November26, June 24,2018 NMLIGHT NON-IDR 0 0 SOUTHLAKE TX-76092 2014 TXU Secondary 1 D443720004403964 @STREET LIGHTS NORTH 19 November 26, June 24, 2018 NMLIGHT NON-IDR 0 0 SOUTHLAKE TX-76092- 2014 0000 TXU Secondary 10443720008942139 1013112 QUAIL RUN RD NORTH 19 November 26, June 24, 2018 BUSNODE NON-IDR 0 1 SOUTHLAKE TX 76092- 2014 M 3114 TXU Secondary 10443720004403995 @STREET LIGHTS NORTH 19 November 26, June 24, 2618 NMLIGHT NON-IDR 0 0 SOUTHLAKE TX 76092- 2014 0000 TXU Secondary 10443720008726357 101 E DOVE RD NORTHr November 26, June 24, 2018 BUSNODE NON-IDR 0 1 SOUTHLAKE TX 76D92- �: 2014 I M I 2405 I City of Southlake.65096888.SAMPLE-TC.5re.0829213 Version Fixed Swing Nodal (02.20.2013) TXU Secondary 10443720008525663 2299 N CARROLL AVE NORTH 19 November 26, June 24, 2018 BUSNODE NON-IDR 0 2 SOUTHLAKE TX 76092- 2014 M 3807 TXU Secondary 10443720OD440402B ®STREET LIGHTS NORTH 19 November 26, June 24, 2018 NMLIGHT NON-IDR D 0 SOUTHLAKE TX 76092- 2D14 DODO TXU Secondary 104437200DO294372 60D State St Southlake TX NORTH 09 December 12, June 11, 2018 BUSMEDL NON-IDR 0 426 76092-7669 2014 F TXU Secondary 10443720007567484 339 GRAND AVE W NORTH 09 December 12,..:. June 11, 2018 BUSHILF NON-IDR 0 11 SOUTHLAKE TX 76092- 2014 7062 TXU Secondary 10443720o0785606D 1400 MAIN ST NORTH 09 December.12. June 11, 2018 BUSMEDL NON-IDR 0 306 SOUTHLAKE TX 76092- 2014 F 7640 TXU Secondary 10443720007567515 1280 Federal Way NORTH 09 December 12; June 11, 2018 BUSHILF NON•IDR D 12 Southlake TX 76092.6451 2014 TXU Secondary 10443720005328381 00000 OCITY HALL NORTH D9 - December 12, =June 11, 201 B ..: - NMLIGHT NON-IDR D 0 SOUTHLAKE TX 76092- •,2014 D000 TXU Secondary 1D443720008612680 804 N CARROLL AVE SGNL NORTH 09. December 12, June 11, 2018 BUSNODE NON-IDR 0 1 SOUTHLAKE TX 76092- 2014 M 6411 TXU Secondary 10443720DOB078789 1000 LA PALOMA NORTH 09 December 12; June 11, 2018 BUSNODE NON-IDR 0 2 SOUTHLAKE TX 76492- .2014 M 0000 - TXU Secondary 10443720007714083 1501 MAIN ST NOR_TH=' . - 09 December 12, June 11, 2018 BUSNODE NON-IDR 0 2 SOUTHLAKE TX 76092- _ 2014 M 7655 TXU Secondary 10443720007339107 351 STATE ST NORTH- 09- - December 12, June 11, 2018 BUSMEDL NON-I➢R 0 50 SOUTHLAKE TX 76092= -.- 2014 F 7608 TXU Secondary 10443720007802089 255 N CARROLL AVE-. _._ : - -.NORTH -- --09 -- -.. December 12, June 11, 2018 BUSNODE NON-IDR 0 0 SOUTHLAKE TX 76092-;. 2014 M 6403- TXU Secondary 10443720007375656 1451 FEDERAL WAY - NORTH .... .D9 .:. December 12, June 11, 2018 BUSMEDL NON-IDR 0 47 SOUTHLAKE TX 76092 2014 F TXU Secondary 1044372000920 057 591 N KIMBALL AVE NORTH 10 December 13, June 12, 2018 BUSNODE NON-IDR 0 0 SOUTHLAKE TX 76092-: 2014 M 6844 TXU Secondary 1044372000265961T OTENNIS COURTS NORTH - 10 December 13, June 12, 2018 BUSNODE NON -[OR 0 15 SOUTHLAKE TX 76092- '; ' 2014 M 0000 TXU Secondary 10443720008525725 i 100 W CONTINENTAL.BLVD NORTH 10 December 13, June 12, 2018 BUSNODE NON-IDR 0 1 SOUTHLAKE.TX 700921 2014 M 8457 TXU Secondary 1044372000B371717 450 Southlake BlvdBarnNORTH 10 December 13, June 12, 201 B BUSNODE NON-IDR 0 1 Tanis Southlake 76092 2014 M TXU Secondary 104437200093OBB93 400 N WHITE CHAPEL NORTH 10 December 13, June 12T 2018 BUSLOLF NON-IDR 0 127 BLVD SOUTHLAKE TX 2D14 76092-6242 TXU Secondary 10443720002659548 @VMITE CHAPL COMM NORTH 10 December 13, June 12, 2018 BU&OLF NON-IDR 0 11 HOU SOUTHLAKETX 2014 76092-0000 XU Secondary 10443720008779020 1201 VILLAGE GREEN DR NORTH 10 December 13, June 12, 2018 BUS7O7-IDR 0 07 SOUTHLAKE TX 76092- 2014 M 9207 City of Southlake.85098888.SAMPLE-TC.sre.0829213 Version Fixed Swing Nadal (02.20.2013) TXU Secondary 104437200062514W 200 WHITE CHAPEL CT NORTH 10 December 13, June 12, 2018 BUSMEDL NON-IDR 0 8 SOUTHLAKE TX 760P2. 2014 F 8500 TXU Secondary 10443720008528143 450 W SOUTHLAKE BLVD NORTH 10 December 13, June 12, 2018 BUSMEDL NON-IDR 0 42 SOUTHLAKE TX 76092- 2014 F 0142 TXU Secondary 10443720OD8380780 2100 W SOUTHLAKE BLVD NORTH 10 December 13, June 12, 2018 BUSMEDL NON-IDR 0 88 SOUTHLAKE TX 76092- 2014 F 6711 TXU Secondary 10443720008035017 450 W SOUTHLAKE BLVD NORTH 10 December.13,, June 12, 2018 BUSLOLF NON-IDR 0 215 SOUTHLAKE TX 76092- 2014 6142 TXU Secondary 10443720009546763 320 MIRON DR WATR TWR NORTH 10 December13, June'.12, 2018 BUSMEDL NON-IDR D 17 SOUTHLAKE TX 76092 2014 - F TXU Secondary 10443720002659679 @BALL FIELD NORTH 10 December 13,' :-;; June 12, 2018 BUSLOLF NON-IDR ❑ 41 SOUTHLAKE TX 76092- 2014 WOO TXU Secondary 1044372000B629291 400 N WHITE CHAPEL NORTH 10 December 13, June-12, 2018,'= 'BUSLOLF NON-IDR 0 25 BLVD SOUTHLAKE TX 2014 76092-6242 TXU Secondary 10443720005338766 400 N WHITE CHAPEL NORTH 10 December 13, Jura 12, 2018 NMLIGHT NON-IDR 0 0 BLVD SOUTHLAKE TX 2014 76092-6242 TXU Secondary ID443720007630004 450 W SOUTHLAKE BLVD NORTH 10:.. December 13. . June 12, 2018 BUSLOLF NON-IDR 0 291 SOUTHLAKE TX 76092- - - `2014 - 6142 TXU Secondary 10443720008463353 1950 E Continental Blvd NORTH 10 December 13, June 12, 2018 BUSNODE NON-IDR 0 2 Southlake TX 76092-9764 -- 2014 M TXU Secondary 10443720002673877 1950 E CONTINENTAL NORTH,- 10, :-. December 13, June 12, 2D1 B BUSMEDL NON-IDR 0 48 BLVD SOUTHLAKETX.: 2014 F 76092-9764- TXU Secondary 10443720008676262 307 PARKWOOD DR -� -_- - f:NORTH -_ 10 -_. December 13, June 12, 201B BUSLOLF NON-IDR 0 29 SOUTHLAKE TX 76092-' 2014 7430 TXU Secondary 10443720006376214 307 PARKWOOD DR NORTH 10 " December 13, June 12, 2018 NMLIGHT NON4DR 0 0 SOUTHLAKE TX 76092- 2014 7430 TXU Secondary 10443720008474482 450 W Southlake Blvd NORTH-, 10 December 13, June 12, 2018 BUSMEDL NON-IDR 0 170 _Southlake TX 78092-6142'' .. 2014 F TXU Secondary 10443720002659586, 400 N WHITE CHAPEL NORTH 10 December 13, June 12, 2018 BUSLOLF NON-IDR 0 66 „- BLVD SOUTHLAKETX' 2014 76092-6242 TXU Secondary 10443720008287419; 1432 DARTMOUTH DR NORTH 10 December 13, June 12, 2018 BUSNODE NON-IDR 0 0 _ SOUTHLAKE TX 76092- 2014 M TXU Secondary 10443720002674869 427 BANK ST SOUTHLAKE NORTH 10 December 13, June 12, 2018 BUSNODE NON-IDR 0 6 TX 76092-9126 2014 M TXU Secondary 10443720005377919 OWHITE CHAPL COMM NORTH 10 December 13, June 12, 2018 NMLIGHT NDN-IDR 0 0 HOU SOUTHLAKE TX 2014 1 76052-0000 Total Number of Points of Delivery = 52 Contracted kW = 2,166 Monthly Standing Charges = 0 City of Southlake,65098888.SAMPLE-TC.sre.0629213 Version Fixed Swing Nodal (02.20.2D13) In the event this Exhibit "A" contains temporary placeholder ESI ID numbers (typically denoted by "TPH" at the beginning of the ESI ID number) for contracted future Buyer ESI IN, then (1) Buyer shall give Seller at least thirty (30) days prior written notice of the date that each such ESI ID will be energized as a Buyer ESI ID (i.e., when Buyer will begin utilizing the applicable facility located at Buyers Premise), (ii) Seller will not be obligated to serve any such ESE ID under the Agreement until, at the earliest, after the expiration of at least thirty (30) days after Buyers written notice has been given to Seller, and (iii), in any event, Buyer's giving, or failure to give, timely notice to Seller shall not affect Buyer's obligation, under the Agreement, to be responsible for all volumes contracted for under the Agreement as reflected on Exhibit "A-1 ". City of Southlake.650988BB.SAMPLE-TC.sre.OB29213 Version Fixed Swing Nodal (02.20.2013) Legal Name: City of Southlake Estimated Load Factor: 35.71 Total Contract kWh: 23,815,281 Quote: 0065098888 Price Type: Fixed &M-ITXU energy Period Usage 1 Usage 2 Usage 3 Usage 4 Total Usage 11101 /2014 .. 14,715 12/01/2014 - - 406,873 01f0112015 - - 603,077 02I0112015 -.. 523,416 03/01/2015 544,623 04101=15 511,690 0510112015 - 541,146 06/01/2015 579,949 07101/2015 610,443 08/01/2015 619,907 09/0112015 575,298 10/0112015 - 566,328 11l0112015 - 536,557 12/01/2015 594,910 01/01 /2016 603,077 02/0112018 _ 523,416 03/0112018 .. --- 544,623 04/0112016 511,690 05J0112018 541,146 06l0112016 579,949 07/0112016 610,443 08/01/2016 - 619,907 09/01/2016 575,296 10/01/2016 566.328 11101W16 536,557 12101l2016 594.910 01/0112017 603,077 0210112017 523.416 City of Soulhlake.6509868B.SAMPLE-TC.sre.0829213 Version Fixed Swing Nadal (02.20.2013) 03/01/2017 544,623 04/01/2017 511,690 05/01/2017 541,146 06/01/2017 679,949 07/0112017 610,443 08/0112017 019,907 09/0112017 575,298 10101I2017 566,328 11101/2017 538,557 12/01/2017 ....... : _ - 594.910 01101/2018 603,077 02101/2018 523,416 03/01/2018 ' ;� ::.;: - --- "=- 544,623 04101/2018 - -= 511,690 05101I201 B 541,146 0614112018 247,709 City o1 Southlake.65099888.SAMPLE-TC.sre.0829213 Version Fixed Swing Nodal (02.20.2013)