PREPA. (i) acknowledges that the existence and terms of this Agreement constitutes confidential information and (ii) agrees not to disclose any such information to any person without the prior written consent of the other party, except to any of its directors, officers, employees, affiliates, agents, attorneys, auditors or advisors (solely to the extent necessary for it to perform its obligations under this Agreement) (collectively, the “Authorized Persons”); provided that it shall inform each such Authorized Persons of the confidential nature of the information and shall direct each such Authorized Person to treat such information in accordance with the terms of this paragraph (a); and provided further that it shall also be permitted to disclose such information (i) to the extent required by any law, rule or regulation or by any subpoena or similar judicial and/or administrative order, or other regulatory authority (including any self-regulatory organization having jurisdiction or claiming to have jurisdiction over either party) including, for the avoidance of doubt, in connection with PREPA’s obligations under Section 4(n) above, or (ii) to the extent that such information is or becomes generally available to the public other than as a result of disclosure by it or its Authorized Persons.
PREPA. (i) acknowledges that the existence and terms of this Agreement constitutes confidential information and (ii) agrees not to disclose any such information to any person without the prior written consent of the other party, except to any of its directors, officers, employees, affiliates, agents, attorneys, auditors or advisors (solely to the extent necessary for it to perform its obligations under this Agreement) (collectively, the
PREPA shall remit payment to Contractor within forty-five (45) days following its receipt of each such invoice; provided that PREPA may withhold payment of any amounts that are disputed by PREPA in good faith pending resolution of the dispute. In case of a dispute, PREPA shall notify Contractor of the disputed element and once the dispute is resolved according to Section 14 hereof, PREPA shall make the payment agreed to by the Parties within ten ( I 0) days following resolution.
PREPA. RbDBY: 30lFlEWSlANE BREW!-.TER,NY !Ot>UU IR4bl21l J404 IF UNDERGROUND IMPROVEMEN1S, E'ASEMENTS. OR ENCROACHME:NTS EXIST AND ARE NEJTHER VISIBLE DURING NORMAL F1ELO SURVEY OPERATIONS NOR DESCR/Bfl) IN INSTRUMENTS PROVIDED TO THIS SURVEYOR. THEY MAY NOT BE SHOWN ON THIS MAP AND ARE NOT CERTIFIED. THIS PROPERTY MAY BE' AFFFCT£0 8Y INSTRUMENTS WHICH HAVE NOT BEEN PROVIOEO TO THIS SUINEYOR. USERS OF THIS MAP SHOUt.D V£RIF'f TITLE WITH THEIR ATTORNEY OR A QUAJ..IFI£0 TITLE EXAMINER. ,_;_+ '¢' SURVEY OF MTA EASEMENT SIJVATEIN VILLAGE OF LARCHMONT
PREPA shall notify AOGP in writing of its binding election to extend the Term of this Agreement for an Extension Term no earlier than nine (9) months and no later than six (6) months prior to the expiration of the Initial Term or the expiration of the first Extension Term, as the case may be.
PREPA and FOMB shall file a motion seeking approval of this Agreement and related relief (the “Motion”), which incorporates and attaches this Agreement, in both the Commonwealth and PREPA Title III Cases and PREPA will provide notice thereof to all creditors and parties in interest on the master service list in both cases, utilizing Prime Clerk’s notice service for all parties registered for electronic service of process and by United States, first class mail, to any party that is not registered for electronic service.
PREPA. Fuel Sale and Purchase Agreement, Exhibit D Natural Gas Manufacturing Surcharge Discount of Surcharge Amount. March 5, 2019.
PREPA. Puerto Rico Electric Power Authority Fiscal Year 2021 Certified Budget. June 30, 2020. 90 PREPA. 2020 Fiscal Plan for the Puerto Rico Electric Power Authority. June 29, 2020, p.37. 91 Ibid, T&D Operator Costs. June 30, 2020. 92 Assuming a FY 2021 load of 15,789 GWh, per 2020 Fiscal Plan for the Puerto Rico Electric Power Authority, p. 43. 93 PREPA and Public-Private Partnerships Authority. Puerto Rico Transmission and Distribution System Operation and Maintenance Agreement, Front-End Transition Period Compensation – Front-End Transition Service Fee, Section 4.6(b), p. 55. 94 Ibid, Article 2, Section 2.2 Effective Date, p. 34. 95 Ibid, Annex V. There are at least three other provisions in the contract that provide a justification for LUMA to receive additional expenditures to carry out its functions. The administrator may request that LUMA perform services outside of the activities covered by the contract,96 LUMA has the right to enter into subcontracts,97 and any expenses incurred by LUMA from the Title III bankruptcy case must also be reimbursed (see discussion below in Transition Charge section).98 The net impact of LUMA’s contract on the price of electricity—that is, the amount already included in PREPA’s budget and IEEFA’s estimates of additional expenditures—amounts to: Table 2: Impact of Cost of LUMA Contract on Price of Electricity (FY 2021 through 2023) FY 2021 FY 2022 FY 2023 LUMA Impact on Price of Electricity 1.2 cents/Kwh 1.3 cents/Kwh 1.5 cents/Kwh The FY 2021 FOMB certified budgeted amount of $135 million for payment to LUMA Energy stands in xxxxx contrast to the $76 million first-year, front-end transition fee published by the P3 Authority as part of its public report on the awarding of the contract.99 It is also almost certain that the service fee schedule provided in the contract will be exceeded and upward pressure will be placed on the price of electricity.100 The service commencement date occurs when LUMA informs the P3 Authority that it has completed an extensive list of preparatory functions and secured all necessary approvals for operation. The service date launches another payment structure. A service fee is established that is a fixed fee ($70 million for the first year, rising to $105 million in year four) plus an incentive fee ($13 million in first year, rising to $20 million in year four),101 as well as any pass-through expenditures.102 It was reported in the media that the annual cost would rise to $125 million.103 The contract...
PREPA. No provision of this Agreement shall be deemed to create an employment relationship between Contractor or his employees and PREPA.
PREPA in its sole discretion, may deny access to any individual who has previously been removed from a work site by PREPA or any of its affiliates for safety reasons.
