Ava-SJCE 2024 Long-Term Resource RFO Attachment E.3 Energy Storage Agreement Term Sheet – Stand-alone StorageEnergy Storage Agreement • October 22nd, 2024 • California
Contract Type FiledOctober 22nd, 2024 JurisdictionThis indicative term sheet (“Term Sheet”) is entered into as of _____, 2024 (the “Effective Date”) between [Ava Community Energy Authority, a California joint powers authority (“Ava”)] [City of San José, a California municipal corporation, doing business as San José Clean Energy (“SJCE”)] and [Seller Name] (“Seller” or “Respondent”) in connection with the 2024 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 defi