0001144204-07-025881 Sample Contracts

RA CAPACITY CONFIRMATION BETWEEN AND OCCIDENTAL POWER SERVICES, INC.
Ra Capacity Confirmation • May 15th, 2007 • MMC Energy, Inc. • Cogeneration services & small power producers • New York

This Long Form Resource Adequacy (“RA”) Capacity Confirmation (“Confirmation Agreement”) shall confirm and effectuate the agreement reached on January 23, 2007 (the “Confirmation Effective Date”) between MMC Energy North America, LLC (“MMC” or “Seller”) and Occidental Power Services, Inc. (“OPSI” or “Buyer”), each individually a “Party” and together the “Parties”, in which Seller agrees to provide to Buyer the right to the RA capacity product described herein (the “Product”). Subject to the terms and conditions of this Confirmation Agreement, Seller shall sell to Buyer and Buyer shall purchase from Seller the Product as specified below. Capitalized terms used but not otherwise defined in this Confirmation Agreement have the meanings described in the Tariff (as defined below).

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SEPARATION AGREEMENT AND RELEASE
Separation Agreement • May 15th, 2007 • MMC Energy, Inc. • Cogeneration services & small power producers

This Separation Agreement and Release (the “Agreement”), is made and entered as of the 12th day of March, 2007 (the “Effective Date”), by and between MMC Energy, Inc. (the “Company”), on the one hand, and Martin Quinn (the “Executive”), on the other hand.

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