Common Contracts

EBCE-SJCE 2023 Long-Term Resource RFO Attachment E.4 Energy Storage Agreement Term Sheet – Stand-alone Storage

Energy Storage Agreement • May 17th, 2023 • California

• Contract Type
  Energy Storage Agreement
• Filed
  May 17th, 2023
• Jurisdiction
  California

This indicative term sheet (“Term Sheet”) is entered into as of _____, 2023 (the “Effective Date”) between [East Bay Community Energy Authority, a California joint powers authority (“EBCE”)] [City of San José, a California municipal corporation, doing business as San José Clean Energy (“SJCE”)] and [Seller Name] (“Seller”) in connection with the 2023 Long-Term Resource Request for Offers (“RFO”). This Term Sheet is intended to set forth the key commercial terms and conditions to be included in a proposed energy storage agreement (“ESA”) between Seller and Buyer for the purchase and sale of the Product (the “Proposed Transaction”) from the Facility. Negotiation of the ESA is subject to Buyer selecting the Proposed Transaction for the negotiation shortlist, the terms and conditions of the RFO, timely execution of the Exclusive Negotiating Agreement (as defined below) and posting of the Shortlist Deposit (as defined in the Exclusive Negotiating Agreement) by Seller. Until a definitive Agr