RESOURCE ADEQUACY CONFIRMATION LETTERResource Adequacy Confirmation Letter • March 20th, 2023 • California
Contract Type FiledMarch 20th, 2023 JurisdictionThis confirmation letter (“Confirmation”) confirms the Transaction agreed to as of the last dated signature on the signature page hereto (the “Confirmation Date”), between City of San José, a municipal corporation, and Enterprise Solar Storage II, LLC, by which Seller agrees to sell and deliver, and Buyer agrees to purchase and receive, the Product. This Confirmation is governed by Master Power Purchase and Sale Agreement (version 2.1., modified 4/25/00), as published by the Edison Electric Institute (the “EEI Form”) as modified by the Cover Sheet in Annex A attached hereto and incorporated by reference (collectively, the “Master Agreement”), all of which form a part of this Agreement. All provisions contained in or incorporated by reference in the EEI Form will govern this Agreement except as expressly modified herein or in Annex A, as if the Parties had executed such an agreement based on the EEI Form (as if modifications or elections specified in the Annex A were made on the Cover S