Common use of Additional Provisions for Members Operating Pursuant to County Plans or Joint Powers Agreements Clause in Contracts

Additional Provisions for Members Operating Pursuant to County Plans or Joint Powers Agreements. A Member operating a CPA jointly pursuant to RSA 53-A or a county plan hereby acknowledges and commits that: (i) each municipality and/or county participating in the CPA will only withdraw or otherwise depart from the CPA subject to the provisions and requirements herein, or as otherwise reasonably proposed by the Member and approved by a vote of the Board of Directors, provided that, in both cases, no costs incurred by CPCNH as a consequence of the withdrawal or departure shall be transferred to the remaining Members that have elected the Services; and (ii) if any municipality and/or county participating in the CPA withdraws or otherwise departs in violation of this Contract, then the Member’s CPA will be allocated the costs incurred by CPCNH. If a municipality of a Member operating a CPA pursuant to a county plan or a municipality and/or county of a Member operating a CPA jointly pursuant to RSA 53-A (each such municipality and/or county, an “entity” hereunder) intends to withdraw or otherwise depart from the Member’s CPA, then: a) If the entity is withdrawing or departing to implement its own CPA, or to participate in another CPA, as a Member that has elected to continue CPCNH’s provision of Services hereunder: i. CPCNH shall determine the share of Joint Reserves and/or Discretionary Reserves (“reserves” hereunder) deemed to have been accrued by the Member on the entity’s behalf as: (1) an amount equal to (A) the Member’s current reserves multiplied by (B) the Member’s reserves accrued in each prior month period multiplied by the ratio of the metered electricity supplied through the Member that was, within each same prior month period, (x) delivered to retail consumers within the municipal boundaries of the entity and

Additional Provisions for Members Operating Pursuant to County Plans or Joint Powers Agreements. A Member operating a CPA jointly pursuant to RSA 53-A or a county plan hereby acknowledges and commits that: : (i) each municipality and/or county participating in the CPA will only withdraw or otherwise depart from the CPA subject to the provisions and requirements herein, or as otherwise reasonably proposed by the Member and approved by a vote of the Board of Directors, provided that, in both cases, no costs incurred by CPCNH as a consequence of the withdrawal or departure shall be transferred to the remaining Members that have elected the Services; and (ii) if any municipality and/or county participating in the CPA withdraws or otherwise departs in violation of this Contract, then the Member’s CPA will be allocated the costs incurred by CPCNH. If a municipality of a Member operating a CPA pursuant to a county plan or a municipality and/or county of a Member operating a CPA jointly pursuant to RSA 53-A (each such municipality and/or county, an “entity” hereunder) intends to withdraw or otherwise depart from the Member’s CPA, then: a) If the entity is withdrawing or departing to implement its own CPA, or to participate in another CPA, as a Member that has elected to continue CPCNH’s provision of Services hereunder: i. CPCNH shall determine the share of Joint Reserves and/or Discretionary Reserves (“reserves” hereunder) deemed to have been accrued by the Member on the entity’s behalf as: (1) an amount equal to (A) the Member’s current reserves multiplied by (B) the Member’s reserves accrued in each prior month period multiplied by the ratio of the metered electricity supplied through the Member that was, within each same prior month period, (x) delivered to retail consumers within the municipal boundaries of the entity and (y) delivered to all of the Member’s retail consumers, added together and then divided by the sum of the Member’s reserves in all prior month periods; or (2) alternatively, a lesser amount ii. CPCNH shall, after the transference of eligible retail consumers to the entity’s successor Member CPA, allocate the Joint Reserves and Discretionary Reserves determined above to that Member. b) Alternatively, if the entity is withdrawing or departing to implement its own CPA, or to participate in another CPA, but not as a Member that has elected to continue the provision of Services hereunder, then the provisions of Section 4, 5, and 6 shall govern the termination of Services for the entity and shall be applied as though the entity were itself an individual Member CPA, except that: i. The Member shall be exclusively relied upon, and responsible, to submit notice and act promptly on the entity’s behalf thereunder; ii. CPCNH shall conclusively rely upon the Member’s written instructions in all instances thereof; and iii. Reserves deemed to have been accrued by the Member on the entity’s behalf shall be (1) determined pursuant to Section 7(a)(i) above, (2) applied to satisfy the entity’s obligations pursuant to Sections 4, 5, and/or 6, at the Member’s direction, and subsequently, (3) after payment of all costs incurred by CPCNH through the date of termination of Services provided on behalf of the entity, allocated and disbursed by CPCNH to the Member CPA to distribute or apply for the benefit of the entity in accordance with applicable law, regulation, and any contractual obligations between the Member and the entity.

Additional Provisions for Members Operating Pursuant to County Plans or Joint Powers Agreements. A Member operating a CPA jointly pursuant to RSA 53-A or a county plan hereby acknowledges and commits that: : (i) each municipality and/or county participating in the CPA will only withdraw or otherwise depart from the CPA subject to the provisions and requirements herein, or as otherwise reasonably proposed by the Member and approved by a vote of the Board of Directors, provided that, in both cases, no costs incurred by CPCNH as a consequence of the withdrawal or departure shall be transferred to the remaining Members that have elected the Services; and (ii) if any municipality and/or county participating in the CPA withdraws or otherwise departs in violation of this Contract, then the Member’s CPA will be allocated the costs incurred by CPCNH. If a municipality of a Member operating a CPA pursuant to a county plan or a municipality and/or county of a Member operating a CPA jointly pursuant to RSA 53-A (each such municipality and/or county, an “entity” hereunder) intends to withdraw or otherwise depart from the Member’s CPA, then: a) : If the entity is withdrawing or departing to implement its own CPA, or to participate in another CPA, as a Member that has elected to continue CPCNH’s provision of Services hereunder: i. : CPCNH shall determine the share of Joint Reserves and/or Discretionary Reserves (“reserves” hereunder) deemed to have been accrued by the Member on the entity’s behalf as: (1) an amount equal to (A) the Member’s current reserves multiplied by (B) the Member’s reserves accrued in each prior month period multiplied by the ratio of the metered electricity supplied through the Member that was, within each same prior month period, (x) delivered to retail consumers within the municipal boundaries of the entity andand (y) delivered to all of the Member’s retail consumers, added together and then divided by the sum of the Member’s reserves in all prior month periods; or (2) alternatively, a lesser amount determined by the Member in accordance with all applicable contractual obligations between the Member and the entity; and CPCNH shall, after the transference of eligible retail consumers to the entity’s successor Member CPA, allocate the Joint Reserves and Discretionary Reserves determined above to that Member. Alternatively, if the entity is withdrawing or departing to implement its own CPA, or to participate in another CPA, but not as a Member that has elected to continue the provision of Services hereunder, then the provisions of Section 4, 5, and 6 shall govern the termination of Services for the entity and shall be applied as though the entity were itself an individual Member CPA, except that: The Member shall be exclusively relied upon, and responsible, to submit notice and act promptly on the entity’s behalf thereunder; CPCNH shall conclusively rely upon the Member’s written instructions in all instances thereof; and Reserves deemed to have been accrued by the Member on the entity’s behalf shall be (1) determined pursuant to Section 7(a)(i) above, (2) applied to satisfy the entity’s obligations pursuant to Sections 4, 5, and/or 6, at the Member’s direction, and subsequently, (3) after payment of all costs incurred by CPCNH through the date of termination of Services provided on behalf of the entity, allocated and disbursed by CPCNH to the Member CPA to distribute or apply for the benefit of the entity in accordance with applicable law, regulation, and any contractual obligations between the Member and the entity.