EBCE Letterhead]Exclusive Negotiating Agreement • September 15th, 2020
Contract Type FiledSeptember 15th, 2020East Bay Community Energy Authority (“EBCE”) is pleased to confirm that the Offer (as defined below) submitted by __________________ (“Respondent”) for the __________________ (“Project”) in the recent 2020 Renewable Energy & Storage Request for Offers (“RFO”) has been placed on the shortlist for further negotiations. If you wish to proceed with negotiations for a power purchase agreement (“PPA”) under the terms and conditions set forth in this letter (the “Exclusive Negotiating Agreement”), please countersign where provided below and return it to 2020-rfo@ebce.org no later than seven (7) business days after the date set forth above, along with the required items for short-listed Offers, as described in the RFO protocol. As used herein, EBCE and Respondent are each individually a “Party” and together the “Parties” and “Offer” shall mean the Term Sheet provided by Respondent.