EBCE-SJCE 2023 Long-Term Resource RFO Attachment E.3 Shaped Clean EnergyPower Purchase Agreement • February 17th, 2022 • California
Contract Type FiledFebruary 17th, 2022 JurisdictionThis 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 power purchase agreement (“PPA”) between Seller and Buyer for the purchase and sale of the Product (the “Proposed Transaction”) from the Facility. Negotiation of the PPA 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