Common use of Limited Duties of Utility as to the Contracts Clause in Contracts

Limited Duties of Utility as to the Contracts. During the Term of this Agreement, Utility shall: (a) On behalf of DWR, as its limited agent, perform the day-to-day scheduling and dispatch functions, including day-ahead, hour-ahead and real time trading, scheduling transactions with all involved parties, under the Allocated Contracts, perform billing and settlements functions and obtain relevant information for these functions such as transmission availability and others, with respect to the Allocated Contracts set forth in Schedule 1 hereto, all as more specifically provided in the Operating Protocols attached hereto as Exhibit A; (b) On behalf of DWR, as its limited agent, enter into transactions for the purchase (or sale, as the case may be) of gas, gas transmission services, gas storage services and financial xxxxxx, and perform the operational and administrative responsibilities for such purchases under gas tolling provisions under the Allocated Contracts, including the review of fuel plans and consideration of alternative fuel supply, all as more specifically provided in the Fuel Management Protocols attached hereto as Exhibit B; (c) On behalf of DWR, as its limited agent, perform all necessary billing and settlement functions under the Allocated Contracts in accordance with the terms of the applicable Allocated Contracts. In addition, perform all necessary billing and settlement functions related to DWR Revenues and remit DWR Revenues to DWR, consistent with the Settlement Principles for Remittances and Surplus Revenues attached hereto as Exhibit C and the Servicing Arrangement; (d) Assume financial responsibility for the ISO charges listed on Exhibit D attached hereto; (e) On behalf of DWR, as its limited agent, upon development of a mutually agreeable plan, monitor the performance of Suppliers under the Allocated Contracts and undertake the administration of the Allocated Contracts, as more specifically provided in the Contract Administration and Performance Monitoring Protocols attached hereto as Exhibit E; (f) Provide to DWR the necessary information required by DWR as more specifically provided in the DWR Data Requirements From Utility attached hereto as Exhibit F to facilitate DWR's continued performance of financial obligations related to Allocated Contracts and to facilitate DWR's verification, audit and monitoring related to the Allocated Contracts and reporting requirements set forth in Applicable Laws or agreements; (g) At all times in performing its obligations under this Agreement (i) comply with the provisions of each of the Allocated Contracts, (ii) follow Good Utility Practice, and (iii) comply with all Applicable Laws and Applicable Commission Orders; (h) Appoint a primary and secondary contact person, as set forth in Schedule 2 hereto, to coordinate the responsibilities listed in this Section 4.01; and (i) On behalf of DWR, as its limited agent, make surplus energy sales as more specifically provided in this Agreement; and (j) Prior to novation of the Interim Contracts by Utility in accordance with the terms of each such Interim Contract, comply with the provisions listed in paragraphs (a) through (i) of this Section 4.01, in each case substituting the defined term Interim Contract(s) for the term Allocated Contract(s). Provided, however, in the event that DWR fails to provide or provides inaccurate information which results in Utility's non-compliance with its obligations under this Agreement, the resulting non-compliance by Utility shall not constitute an Event of Default under Section 7.01 hereof.

Limited Duties of Utility as to the Contracts. During the Term of this AgreementOrder, Utility shall: (a) On behalf of DWR, as its limited agent, perform Perform the day-to-day scheduling and dispatch functions, including day-day- ahead, hour-ahead and real time trading, scheduling transactions with all involved parties, under the Allocated Contracts, perform billing making surplus energy sales and settlements functions and obtain obtaining relevant information for these functions such as transmission availability and others, with respect to the Allocated Contracts set forth in Schedule 1 hereto, all as more specifically provided in the Operating Protocols attached hereto as Exhibit A; (b) On behalf of DWR, as its limited agent, enter Enter into transactions for the purchase (or sale, as the case may be) of gas, gas transmission services, gas storage services and financial xxxxxx, and perform the operational and administrative responsibilities for such purchases under gas tolling provisions under the Allocated Contracts, including the review of fuel plans and consideration of alternative fuel supply, all as more specifically provided in the Fuel Management Protocols attached hereto as Exhibit B; (c) On behalf of DWR, as its limited agent, perform all necessary billing and settlement functions under the Allocated Contracts in accordance with the terms of the applicable Allocated Contracts. In addition, perform all necessary billing and settlement functions related to DWR Revenues and remit Remit DWR Revenues to DWR, consistent with the Settlement Principles for Remittances and Surplus Revenues attached hereto as Exhibit C and the Servicing Arrangement; (d) Assume financial responsibility for the ISO charges listed on Exhibit D attached hereto; (e) On behalf of DWR, as its limited agent, upon Upon development of a mutually agreeable plan, monitor the performance of Suppliers under the Allocated Contracts and undertake the administration of the Allocated Contracts, as more specifically provided in the Contract Administration and Performance Monitoring Protocols attached hereto as Exhibit E; (f) Provide to DWR the necessary information required by DWR as more specifically provided in the DWR Data Requirements From Utility attached hereto as Exhibit F to facilitate DWR's ’s continued performance of financial obligations related to Allocated Contracts and to facilitate DWR's verification’s audit, audit monitoring and monitoring reporting requirements related to the Allocated Contracts and reporting requirements set forth in Applicable Laws or agreementsContracts; (g) At all times in performing its obligations under this Agreement Order (i) comply with the provisions of each of the Allocated Contracts, (ii) follow Good Utility Practice, and (iii) comply with all Applicable Laws and Applicable Commission Orders, and (iv) comply with the applicable principles, guidelines, standards and requirements of FERC, NERC, WECC, a regional transmission operator and the ISO; (h) Appoint a primary and secondary contact person, as set forth in Schedule 2 3 hereto, to coordinate the responsibilities listed in this Section 4.01; and (i) On behalf of DWR, as its limited agent, make surplus energy sales as more specifically provided in this Agreement; and (j) Prior to novation of the Interim Contracts by Utility in accordance with the terms of each such Interim Contract, comply with the provisions listed in paragraphs (a) through (ih) of this Section 4.01, in each case substituting the defined term Interim Contract(s) for the term Allocated Contract(s). Provided, however, in the event that DWR fails to provide or provides inaccurate information which results in Utility's non-compliance with its obligations under this AgreementOrder, the resulting non-compliance by Utility shall not constitute an Event of Default under Section 7.01 hereof.

Limited Duties of Utility as to the Contracts. During the Term of this AgreementOrder, Utility shall: (a) On behalf of DWR, as its limited agent, perform Perform the day-to-day scheduling and dispatch functions, including day-ahead, hour-ahead and real time trading, scheduling transactions with all involved parties, under the Allocated Contracts, perform billing making surplus energy sales and settlements functions and obtain obtaining relevant information for these functions such as transmission availability and others, with respect to the Allocated Contracts set forth in Schedule 1 hereto, all as more specifically provided in the Operating Protocols attached hereto as Exhibit A; (b) On behalf of DWR, as its limited agent, enter Enter into transactions for the purchase (or sale, as the case may be) of gas, gas transmission services, gas storage services and financial xxxxxx, and perform the operational and administrative responsibilities for such purchases under gas tolling provisions under the Allocated Contracts, including the review of fuel plans and consideration of alternative fuel supply, all as more specifically provided in the Fuel Management Protocols attached hereto as Exhibit B; (c) On behalf of DWR, as its limited agent, perform all necessary billing and settlement functions under the Allocated Contracts in accordance with the terms of the applicable Allocated Contracts. In addition, perform all necessary billing and settlement functions related to DWR Revenues and remit Remit DWR Revenues to DWR, consistent with the Settlement Principles for Remittances and Surplus Revenues attached hereto as Exhibit C and the Servicing Arrangement; (d) Assume financial responsibility for the ISO charges listed on Exhibit D attached hereto; (e) On behalf of DWR, as its limited agent, upon Upon development of a mutually agreeable plan, monitor the performance of Suppliers under the Allocated Contracts and undertake the administration of the Allocated Contracts, as more specifically provided in the Contract Administration and Performance Monitoring Protocols attached hereto as Exhibit E; (f) Provide to DWR the necessary information required by DWR as more specifically provided in the DWR Data Requirements From Utility attached hereto as Exhibit F to facilitate DWR's ’s continued performance of financial obligations related to Allocated Contracts and to facilitate DWR's verification’s audit, audit monitoring and monitoring reporting requirements related to the Allocated Contracts and reporting requirements set forth in Applicable Laws or agreementsContracts; (g) At all times in performing its obligations under this Agreement Order (i) comply with the provisions of each of the Allocated Contracts, (ii) follow Good Utility Practice, and , (iii) comply with all Applicable Laws and Applicable Commission Orders, and (iv) comply with the applicable principles, guidelines, standards and requirements of FERC, NERC, WECC, a regional transmission operator and the ISO; (h) Appoint a primary and secondary contact person, as set forth in Schedule 2 3 hereto, to coordinate the responsibilities listed in this Section 4.01; and (i) On behalf of DWR, as its limited agent, make surplus energy sales as more specifically provided in this Agreement; and (j) Prior to novation of the Interim Contracts by Utility in accordance with the terms of each such Interim Contract, comply with the provisions listed in paragraphs (a) through (ih) of this Section 4.01, in each case substituting the defined term Interim Contract(s) for the term Allocated Contract(s). Provided, however, in the event that DWR fails to provide or provides inaccurate information which results in Utility's non-compliance with its obligations under this AgreementOrder, the resulting non-non- compliance by Utility shall not constitute an Event of Default under Section 7.01 hereof.

Limited Duties of Utility as to the Contracts. During the Term of this AgreementOrder, Utility shall: (a) On behalf of DWR, as its limited agent, perform : Perform the day-to-day scheduling and dispatch functions, including day-ahead, hour-ahead and real time trading, scheduling transactions with all involved parties, under the Allocated Contracts, perform billing making surplus energy sales and settlements functions and obtain obtaining relevant information for these functions such as transmission availability and others, with respect to the Allocated Contracts set forth in Schedule 1 hereto, all as more specifically provided in the Operating Protocols attached hereto as Exhibit A; (b) On behalf of DWR, as its limited agent, enter ; Enter into transactions for the purchase (or sale, as the case may be) of gas, gas transmission services, gas storage services and financial xxxxxx, and perform the operational and administrative responsibilities for such purchases under gas tolling provisions under the Allocated Contracts, including the review of fuel plans and consideration of alternative fuel supply, all as more specifically provided in the Fuel Management Protocols attached hereto as Exhibit B; (c) On behalf of DWR, as its limited agent, perform all necessary billing and settlement functions under the Allocated Contracts in accordance with the terms of the applicable Allocated Contracts. In addition, perform all necessary billing and settlement functions related to DWR Revenues and remit ; Remit DWR Revenues to DWR, consistent with the Settlement Principles for Remittances and Surplus Revenues attached hereto as Exhibit C and the Servicing Arrangement; (d) ; Assume financial responsibility for the ISO charges listed on Exhibit D attached hereto; (e) On behalf of DWR, as its limited agent, upon ; Upon development of a mutually agreeable plan, monitor the performance of Suppliers under the Allocated Contracts and undertake the administration of the Allocated Contracts, as more specifically provided in the Contract Administration and Performance Monitoring Protocols attached hereto as Exhibit E; (f) ; Provide to DWR the necessary information required by DWR as more specifically provided in the DWR Data Requirements From Utility attached hereto as Exhibit F to facilitate DWR's ’s continued performance of financial obligations related to Allocated Contracts and to facilitate DWR's verification’s audit, audit monitoring and monitoring reporting requirements related to the Allocated Contracts and reporting requirements set forth in Applicable Laws or agreements; (g) Contracts; At all times in performing its obligations under this Agreement Order (i) comply with the provisions of each of the Allocated Contracts, (ii) follow Good Utility Practice, and (iii) comply with all Applicable Laws and Applicable Commission Orders; , and (hiv) comply with the applicable principles, guidelines, standards and requirements of FERC, NERC, WECC, a regional transmission operator and the ISO; Appoint a primary and secondary contact person, as set forth in Schedule 2 3 hereto, to coordinate the responsibilities listed in this Section 4.01; and (i) On behalf of DWR, as its limited agent, make surplus energy sales as more specifically provided in this Agreement; and (j) and Prior to novation of the Interim Contracts by Utility in accordance with the terms of each such Interim Contract, comply with the provisions listed in paragraphs (a) through (ih) of this Section 4.01, in each case substituting the defined term Interim Contract(s) for the term Allocated Contract(s). Provided, however, in the event that DWR fails to provide or provides inaccurate information which results in Utility's non-compliance with its obligations under this AgreementOrder, the resulting non-compliance by Utility shall not constitute an Event of Default under Section 7.01 hereof.

Limited Duties of Utility as to the Contracts. During the Term of this Agreement, Utility shall, on behalf of DWR: (a) On behalf of DWR, as its limited agent, perform Perform the day-to-day scheduling and dispatch functions, including day-day- ahead, hour-ahead and real time trading, scheduling transactions with all involved partiesparties on behalf of DWR, under the Allocated Contracts, perform billing making surplus energy sales and settlements functions and obtain obtaining relevant information for these functions such as transmission availability and others, with respect to the Allocated Contracts set forth in Schedule 1 hereto, all as more specifically provided in the Operating Protocols attached hereto as Exhibit A; (b) On behalf of DWR, as its limited agent, enter Enter into transactions for the purchase (or sale, as the case may be) of gas, gas transmission services, gas storage services and financial xxxxxx, and perform the operational and administrative responsibilities for such purchases under gas tolling provisions under the Allocated Contracts, including the review of fuel plans and consideration of alternative fuel supply, all as more specifically provided in the Fuel Management Protocols attached hereto as Exhibit B; (c) On behalf of DWR, as its limited agent, perform all necessary billing and settlement functions under the Allocated Contracts in accordance with the terms of the applicable Allocated Contracts. In addition, perform all necessary billing and settlement functions related to DWR Revenues and remit Remit DWR Revenues to DWR, consistent with the Settlement Principles for Remittances and Surplus Revenues attached hereto as Exhibit C and the Servicing Arrangement; (d) Assume financial responsibility for the ISO charges listed on Exhibit D attached hereto; (e) On behalf of DWR, as its limited agent, upon Upon development of a mutually agreeable plan, monitor the performance of Suppliers under the Allocated Contracts and undertake the administration of the Allocated Contracts, as more specifically provided in the Contract Administration and Performance Monitoring Protocols attached hereto as Exhibit E; (f) Provide to DWR the necessary information required by DWR as more specifically provided in the DWR Data Requirements From Utility attached hereto as Exhibit F to facilitate DWR's ’s continued performance of financial obligations related to Allocated Contracts and to facilitate DWR's verification’s audit, audit monitoring and monitoring reporting requirements related to the Allocated Contracts and reporting requirements set forth in Applicable Laws or agreementsContracts; (g) At all times in performing its obligations under this Agreement (i) comply with the provisions of each of the Allocated Contracts, (ii) follow Good Utility Practice, and (iii) comply with all Applicable Laws and Applicable Commission Orders, and (iv) comply with the applicable principles, guidelines, standards and requirements of FERC, NERC, WECC, a regional transmission operator and the ISO; (h) Appoint a primary and secondary contact person, as set forth in Schedule 2 3 hereto, to coordinate the responsibilities listed in this Section 4.01; and (i) On behalf of DWR, as its limited agent, make surplus energy sales as more specifically provided in this Agreement; and (j) Prior to novation of the Interim Contracts by Utility in accordance with the terms of each such Interim Contract, comply with the provisions listed in paragraphs (a) through (ih) of this Section 4.01, in each case substituting the defined term Interim Contract(s) for the term Allocated Contract(s). Provided, however, in the event that DWR fails to provide or provides inaccurate information which results in Utility's non-compliance with its obligations under this Agreement, the resulting non-compliance by Utility shall not constitute an Event of Default under Section 7.01 hereof.

Limited Duties of Utility as to the Contracts. During the Term of this Agreement, Utility shall: (a) On behalf of DWR, as its limited agent, perform the day-to-day scheduling and dispatch functions, including day-ahead, hour-ahead and real time trading, scheduling transactions with all involved parties, under the Allocated Contracts, perform billing and settlements functions and obtain relevant information for these functions such as transmission availability and others, with respect to the Allocated Contracts set forth in Schedule 1 hereto, all as more specifically provided in the Operating Protocols attached hereto as Exhibit A; (b) On behalf of DWR, as its limited agent, enter into transactions for the purchase (or sale, as the case may be) of gas, gas transmission services, gas storage services and financial xxxxxx, and perform the operational and administrative responsibilities for such purchases under gas tolling provisions under the Allocated Contracts, including the review of fuel plans and consideration of alternative fuel supply, all as more specifically provided in the Fuel Management Protocols attached hereto as Exhibit B; (c) On behalf of DWR, as its limited agent, perform all necessary billing and settlement functions under the Allocated Contracts in accordance with the terms of the applicable Allocated Contracts. In addition, perform all necessary billing and settlement functions related to DWR Revenues and remit DWR Revenues to DWR, consistent with the Settlement Principles for Remittances and Surplus Revenues attached hereto as Exhibit C and the Servicing Arrangement; (d) Assume financial responsibility for the ISO charges listed on Exhibit D attached hereto; (e) On behalf of DWR, as its limited agent, upon development of a mutually agreeable plan, monitor the performance of Suppliers under the Allocated Contracts and undertake the administration of the Allocated Contracts, as more specifically provided in the Contract Administration and Performance Monitoring Protocols attached hereto as Exhibit E; (f) Provide to DWR the necessary information required by DWR as more specifically provided in the DWR Data Requirements From Utility attached hereto as Exhibit F to facilitate DWR's ’s continued performance of financial obligations related to Allocated Contracts and to facilitate DWR's ’s verification, audit and monitoring related to the Allocated Contracts and reporting requirements set forth in Applicable Laws or agreements; (g) At all times in performing its obligations under this Agreement (i) comply with the provisions of each of the Allocated Contracts, (ii) follow Good Utility Practice, and (iii) comply with all Applicable Laws and Applicable Commission Orders; (h) Appoint a primary and secondary contact person, as set forth in Schedule 2 hereto, to coordinate the responsibilities listed in this Section 4.01; and (i) On behalf of DWR, as its limited agent, make surplus energy sales as more specifically provided in this Agreement; and (j) Prior to novation of the Interim Contracts by Utility in accordance with the terms of each such Interim Contract, comply with the provisions listed in paragraphs (a) through (i) of this Section 4.01, in each case substituting the defined term Interim Contract(s) for the term Allocated Contract(s). Provided, however, in the event that DWR fails to provide or provides inaccurate information which results in Utility's non-compliance with its obligations under this Agreement, the resulting non-compliance by Utility shall not constitute an Event of Default under Section 7.01 hereof.

Limited Duties of Utility as to the Contracts. During the Term of this Agreement, Utility shall: (a) On behalf of DWR, as its limited agent, perform the day-to-to- day scheduling and dispatch functions, including day-ahead, hour-hour- ahead and real time trading, scheduling transactions with all involved parties, under the Allocated Contracts, perform billing and settlements functions and obtain relevant information for these functions such as transmission availability and others, with respect to the Allocated Contracts set forth in Schedule 1 hereto, all as more specifically provided in the Operating Protocols attached hereto as Exhibit A; (b) On behalf of DWR, as its limited agent, enter into transactions for the purchase (or sale, as the case may be) of gas, gas transmission services, gas storage services and financial xxxxxxhedges, and perform the operational and administrative responsibilities administrativx xxxxonsibilities for such purchases under gas tolling provisions under the Allocated Contracts, including the review of fuel plans and consideration of alternative fuel supply, all as more specifically provided in the Fuel Management Protocols attached hereto as Exhibit B; (c) On behalf of DWR, as its limited agent, perform all necessary billing and settlement functions under the Allocated Contracts Contracts, in accordance with the terms of the applicable Allocated Contracts. In addition, perform all necessary billing and settlement functions related to DWR Revenues and remit DWR Revenues to DWR, consistent with the Settlement Principles for Remittances and Surplus Revenues attached hereto as Exhibit C and the Servicing Arrangement; (d) Assume financial responsibility for the ISO charges listed on Exhibit D attached hereto; (e) On behalf of DWR, as its limited agent, upon development of a mutually agreeable plan, monitor the performance of Suppliers under the Allocated Contracts and undertake the administration of the Allocated Contracts, as more specifically provided in the Contract Administration and Performance Monitoring Protocols attached hereto as Exhibit E; (f) Provide to DWR the necessary information required by DWR as more specifically provided in the DWR Data Requirements From Utility attached hereto as Exhibit F to facilitate DWR's continued performance of financial obligations related to Allocated Contracts and to facilitate DWR's verification, audit and monitoring related to the Allocated Contracts and reporting requirements set forth in Applicable Laws or agreements; (g) At all times in performing its obligations under this Agreement (i) comply with the provisions of each of the Allocated Contracts, (ii) follow Good Utility Practice, and (iii) comply with all Applicable Laws and Applicable Commission Orders; (h) Appoint a primary and secondary contact person, as set forth in Schedule 2 hereto, to coordinate the responsibilities listed in this Section 4.01; and (i) On behalf of DWR, as its limited agent, make surplus energy sales as more specifically provided in this Agreement; and (j) Prior to novation of the Interim Contracts by Utility in accordance with the terms of each such Interim Contract, comply with the provisions listed in paragraphs (a) through (i) of this Section 4.01, in each case substituting the defined term Interim Contract(s) for the term Allocated Contract(s). Provided, however, in the event that DWR fails to provide or provides inaccurate information which results in Utility's non-non- compliance with its obligations under this Agreement, the resulting non-compliance by Utility shall not constitute an Event of Default under Section 7.01 hereof.

Limited Duties of Utility as to the Contracts. During the Term of this Agreement, Utility shall: (a) On behalf of DWR, as its limited agent, perform the day-to-day scheduling and dispatch functions, including day-ahead, hour-ahead and real time trading, scheduling transactions with all involved parties, under the Allocated Contracts, perform billing and settlements functions and obtain relevant information for these functions such as transmission availability and others, with respect to the Allocated Contracts set forth in Schedule 1 hereto, all as more specifically provided in the Operating Protocols attached hereto as Exhibit A; (b) On behalf of DWR, as its limited agent, enter into transactions for the purchase (or sale, as the case may be) of gas, gas transmission services, gas storage services and financial xxxxxx, and perform the operational and administrative responsibilities for such purchases under gas tolling provisions under the Allocated Contracts, including the review of fuel plans and consideration of alternative fuel supply, all as more specifically provided in the Fuel Management Protocols attached hereto as Exhibit B; (c) On behalf of DWR, as its limited agent, perform all necessary billing and settlement functions under the Allocated Contracts Contracts, and prior to novation, the Interim Contracts, in accordance with the terms of the applicable Allocated Contracts. In addition, perform all necessary billing and settlement functions related to DWR Revenues and remit DWR Revenues to DWR, consistent with the Settlement Principles for Remittances and Surplus Revenues attached hereto as Exhibit C and the Servicing Arrangement; (d) Assume financial responsibility for the ISO charges listed on Exhibit D attached hereto; (e) On behalf of DWR, as its limited agent, upon development of a mutually agreeable plan, monitor the performance of Suppliers under the Allocated Contracts and undertake the administration of the Allocated Contracts, as more specifically provided in the Contract Administration and Performance Monitoring Protocols attached hereto as Exhibit E; (f) Provide to DWR the necessary information required by DWR as more specifically provided in the DWR Data Requirements From Utility attached hereto as Exhibit F to facilitate DWR's continued performance of financial obligations related to Allocated Contracts and to facilitate DWR's verification, audit and monitoring related to the Allocated Contracts and reporting requirements set forth in Applicable Laws or agreements; (g) At all times in performing its obligations under this Agreement (i) comply with the provisions of each of the Allocated Contracts, (ii) follow Good Utility Practice, and (iii) comply with all Applicable Laws and Applicable Commission Orders; (h) Appoint a primary and secondary contact person, as set forth in Schedule 2 hereto, to coordinate the responsibilities listed in this Section 4.01; and (i) On behalf of DWR, as its limited agent, make surplus energy sales as more specifically provided in this Agreement; and. (j) Prior to novation of the Interim Contracts by Utility in accordance with the terms of each such Interim Contract, comply with the provisions listed in paragraphs (a) through (i) of this Section 4.01, in each case substituting the defined term Interim Contract(s) for the term Allocated Contract(s). Provided, however, in the event that DWR fails to provide or provides inaccurate information which results in Utility's non-compliance with its obligations under this Agreement, the resulting non-compliance by Utility shall not constitute an Event of Default under Section 7.01 hereof.