PARTIAL ASSIGNMENT OF
XXXXXXX XXXX HYDROELECTRIC PROJECT
AGREEMENT FOR THE WHEELING OF ELECTRIC POWER
AND FOR RELATED SERVICES
This agreement for partial assignment is made as of the 30th day of
June, 2003, between Alaska Electric Generation and Transmission Cooperative,
Inc. ("Assignor") and Alaska Electric and Energy Cooperative, Inc.("Assignee").
WHEREAS, on December 8, 1987, Assignor entered into a contract
with Chugach Electric Association, Inc. ("Chugach"), Golden Valley Electric
Association, Inc. ("GVEA"), the Municipality of Anchorage d/b/a Municipal Light
and Power ("ML&P"), the City of Xxxxxx d/b/a Xxxxxx Electric System ("SES"),
Xxxxx Electric Association, Inc. ("HEA") and Matanuska Electric Association,
Inc. ("MEA"), titled Xxxxxxx Xxxx Hydroelectric Project Agreement for the
Wheeling of Electric Power and Related Services ("Services Agreement"), wherein
Chugach agreed to provide, and Assignor, GVEA, ML&P, SES, HEA and MEA agreed to
purchase, under the terms set forth in the Services Agreement (a copy of which
is attached to this agreement), wheeling, storage and energy purchase services;
WHERRAS, Assignor has the right to avail itself, under
appropriate circumstances of the wheeling, storage and energy purchase services
provided by Chugach under the Services Agreement to provide the wholesale power
needs of HEA pursuant to the terms of a wholesale power agreement between
Assignor and HEA;
WHEREAS, Assignee has obtained from the Regulatory Commission of
Alaska ("RCA") a certificate of public convenience and necessity to serve as the
wholesale power provider of HEA;
WHEREAS, Assignee and Assignor also have obtained approval by
the RCA of a new wholesale power agreement between Assignee and HEA under which
Assignee will serve the wholesale power needs of HEA, and rescission of the
current wholesale power agreement between Assignor and HEA;
WHEREAS, Assignor intends to transfer the majority of its assets
held for the benefit of HEA to Assignee; and
WHEREAS, the Services Agreement is by its terms assignable with
the consent of the parties to that Services Agreement, and Assignee desires to
acquire certain of the rights and is willing to assume the obligations of
Assignor for the merit of HEA under the Services Agreement.
NOW, THEREFORE, the parties agree as follows:
1. Assignor assigns to Assignee such of Assignor's rights, interest
and duties in the Services Agreement as are held or owed by or on
behalf of Assignor for the benefit of HEA.
Assignment - Services Agreement
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2. Assignee assumes and covenants to perform all the obligations of
Assignor owed on behalf of HEA under the Services Agreement, and
guarantees to hold Assignor harmless from any claim or demand made
under the Services Agreement to the extent such claim or demand
relates to obligations owed by Assignor on behalf of HEA.
IN WITNESS WHEREOF, the parties have executed this agreement as
of the date set forth above.
ALASKA ELECTRIC GENERATION AND
TRANSMISSION COOPERATIVE, INC.
By: /s/ N. L. Story
---------------
N. L. Story, Class A Manager
ALASKA ELECTRIC AND ENERGY COOPERATIVE, INC.
By: /s/ Xxxx Xxxxxxx
----------------
Xxxx Xxxxxxx, President
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CONSENT TO ASSIGNMENT
The entity identified below hereby consents to the foregoing partial
assignment of the Xxxxxxx Xxxx Hydroelectric Project Agreement for the Wheeling
of Electric Power and for Related Services, dated December 8, 1987.
CHUGACH ELECTRIC By: /s/ Xxxx X. Xxxxxxxx
--------------------
ASSOCIATION, INC. Date: June 10, 2003
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Assignment - Services Agreement
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CONSENT TO ASSIGNMENT
The entity identified below hereby consents to the foregoing partial
assignment of the Xxxxxxx Xxxx Hydroelectric Project Agreement for the Wheeling
of Electric Power and for Related Services, dated December 8, 1987.
GOLDEN VALLEY ELECTRIC
ASSOCIATION, INC.
By: /s/ Xxxxx Xxxxxxxxx
-------------------
Date: October 7, 2002
---------------
Assignment - Services Agreement
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CONSENT TO ASSIGNMENT
The entity identified below hereby consents to the foregoing partial
assignment of the Xxxxxxx Xxxx Hydroelectric Project Agreement for the Wheeling
of Electric Power and for Related Services, dated December 8, 1987.
MUNICIPALITY OF ANCHORAGE
d/b/a MUNICIPAL LIGHT AND POWER
By: /s/ Xxxxx X. Xxxxx
------------------
Xxxxx X. Poses, GM, ML&P
Date: May 13, 2003
------------
Assignment - Services Agreement
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CONSENT TO ASSIGNMENT
The entity identified below hereby consents to the foregoing partial
assignment of the Xxxxxxx Xxxx Hydroelectric Project Agreement for the Wheeling
of Electric Power and for Related Services, dated December 8, 1987.
CITY OF XXXXXX
d/b/a XXXXXX ELECTRIC SYSTEM
By: /s/ Xxxx Xxxxxxx
----------------
Date: September 6, 2002
-----------------
Assignment - Services Agreement
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CONSENT TO ASSIGNMENT
The entity identified below hereby consents to the foregoing partial
assignment of the Xxxxxxx Xxxx Hydroelectric Project Agreement for the Wheeling
of Electric Power and for Related Services, dated December 8, 1987.
XXXXX ELECTRIC ASSOCIATION, INC.
By: /s/ N. L. Story
----------------
Date: August 21, 2002
---------------
Assignment - Services Agreement
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CONSENT TO ASSIGNMENT
The entity identified below hereby consents to the foregoing partial
assignment of the Xxxxxxx Xxxx Hydroelectric Project Agreement for the Wheeling
of Electric Power and for Related Services, dated December 8, 1987.
MATANUSKA ELECTRIC
ASSOCIATION, INC. By: /s/ Xxxxx X. Xxxxxxx
--------------------
Date: June 12, 2003
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Assignment - Services Agreement
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