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N � , YiAA RocEE A-2021-149 4 INSURANCE EXPIRES �r to - a - c -a- N Oh COUNCIL a-:.. G: CO © : PWtl 0-� WVt "OoltjP' ENVIRONMENTAL ATTRIBUTE AGREEMENT This ENVIRONMENTAL ATTRIBUTE AGREEMENT (this "Agreement") is made and entered into effective as of August 17, 2021 ("Effective Date"), by and between TruStar Energy LLC, a Delaware limited liability company ("TruStar"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") (each a "Party" and collectively, the "Parties"). All defined terms not specifically defined in the Recitals shall be as defined in Section 1.1 herein. RECITALS WHEREAS, TruStar is a marketer of Biogas, Biogas-derived CNG, and the Environmental Attributes associated therewith; and WHEREAS, City dispenses compressed natural gas for use as a Vehicle Fuel at a Station that it operates; and WHEREAS, in accordance with the RFS, LCFS, and other applicable Law, TruStar desires to ascribe the Environmental Attributes to the CNG dispensed by City for use as Vehicle Fuel such that the CNG is Biogas-derived CNG, and in order for the Environmental Attributes to be properly generated and for TruStar to receive the benefits thereof, (i) TruStar needs certain documentation evidencing the dispensing of the Biogas-derived CNG as a Vehicle Fuel, and (ii) City desires and is willing to provide such documentation; and WHEREAS, in exchange for the ascription of the Environmental Attributes to the dispensing of such CNG and provision of related documentation to TruStar as provided herein, City will receive a Gas Discount from TruStar. NOW, THEREFORE, in consideration of the premises and the respective promises, conditions and agreements contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, TruStar and City do hereby agree as follows: ARTICLE 1 DEFINITIONS Ll Definitions. Unless the context specifically indicates otherwise, for purposes of this Agreement, including the foregoing Recitals, the following terms shall have the meanings indicated below: a. `Biogas" means methane derived from various sources, processed at the Station, and measured in MMBtu that: meets the qualifications for D3 R1Ns (i.e., cellulosic biofuel) under the EPA's RFS regulations; ii. meets the definition of biogas or biomethane as defined by the RFS and LCFS regulations; and