ASSIGNMENT OF
AGREEMENT FOR XXXXXXX XXXX RESOURCE SCHEDULING
This agreement for assignment is made as of the 30th day of
June, 2003, between Alaska Electric Generation and Transmission Cooperative,
Inc. ("Assignor"), and Xxxxx Electric Association, Inc. ("Assignee").
WHEREAS, on September 29, 1992, Assignor and Assignee entered
into a contract with Chugach Electric Association, Inc. ("Chugach") titled
"Agreement for Xxxxxxx Xxxx Resource Scheduling" (the "Contract"), wherein the
parties agreed to the scheduling and pooling, under the terms set forth in the
Contract (a copy of which is attached to this agreement), of Assignor's share of
the Xxxxxxx Xxxx Hydroelectric Project capacity and/or energy;
WHEREAS, Alaska Electric and Energy Cooperative, Inc. ("AEEC")
has obtained from the Regulatory Commission of Alaska ("RCA") a certificate of
public convenience and necessity to serve as the wholesale power provider of
Assignee;
WHEREAS, AEEC and Assignor also have obtained approval from
the RCA of a new wholesale power agreement between AEEC and HEA under which AEEC
will serve the wholesale power needs of Assignee, and rescission of the current
wholesale power agreement between Assignor and Assignee;
WHEREAS, under the terms of the new wholesale power contract
Assignee assumed the obligations and obtained the rights of Assignor with
respect to the Xxxxxxx scheduling rights of Assignor;
NOW, THEREFORE, the parties agree as follows:
1. Assignor assigns to Assignee all of Assignor's rights, interest and duties in
the Agreement for Xxxxxxx Xxxx Resource Scheduling (the "Contract") with Chugach
Electric Association, Inc., and Assignee, executed on September 29, 1992.
2. Assignee assumes and covenants to perform all the obligations of Assignor
under the Contract, and guarantees to hold Assignor harmless from any claim or
demand made under the Contract.
3. Assignor and assignee intend that this Assignment not diminish in any way the
rights Chugach has under the Agreement being assigned and to assure that Chugach
receives the full benefit of the Agreement being assigned notwithstanding that
different obligations are being assumed by HEA and AEEC. Specifically, this
assignment does not diminish Chugach's rights relative to AEG&T.
Resource Scheduling
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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
---------------
Class A Manager
XXXXX ELECTRIC ASSOCIATION, INC.
By: /s/ Xxxxx X. Xxxxx
------------------
President
CONSENT TO ASSIGNMENT
Chugach Electric Association, Inc., consents to the foregoing
assignment of the Agreement for Xxxxxxx Xxxx Resource Scheduling.
CHUGACH ELECTRIC ASSOCIATION, INC.
By: /s/ Xxxx X. Xxxxxxxx
--------------------
Title: CEO
Date: June 10, 2003
Assignment - Xxxxxxx Xxxx Resource Scheduling
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