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55695.00001\33485367.1 <br />10 <br />the CCA Program at any time, so long as such termination is in accordance with any applicable <br />requirements of state law and the voting procedures specified in subsection 3.9.4.1, above. <br />SECTION 5: FINANCIAL PROVISIONS <br />5.1 Fiscal Year. The Authority’s fiscal year shall be twelve (12) months commencing <br />July 1 of each year and ending June 30 of the succeeding year. <br />5.2 Treasurer. The Treasurer for the Authority shall be the depository for the Authority. <br />The Treasurer of the Authority shall have custody of all funds and shall provide for strict <br />accountability thereof in accordance with California Government Code § 6505.5 and other <br />applicable laws. The Treasurer shall perform all of the duties required in California Government <br />Code § 6505 et seq. and all other such duties as may be prescribed by the Board. <br />5.3 Depository & Accounting. All funds of the Authority shall be held in separate <br />accounts in the name of the Authority and not commingled with the funds of any Party or any other <br />person or entity. Disbursement of such funds during the term of this Agreement shall be accounted <br />for in accordance with generally accepted accounting principles applicable to governmental <br />entities and pursuant to California Government Code § 6505 et seq. and other applicable laws. <br />There shall be a strict accountability of all funds. All revenues and expenditures shall be reported <br />regularly to the Board. The books and records of the Authority shall be promptly open to <br />inspection by the Parties at all reasonable times. <br />5.4 Budget. The Board shall establish the budget for the Authority, and may from time <br />to time amend the budget to incorporate additional income and disbursements that might become <br />available to the Authority for its purposes during a fiscal year. <br />5.5 City of Irvine Initial Funding of Authority. The Authority shall, concurrent with <br />the execution of this Agreement, enter into an agreement that covers repayment to the City of <br />Irvine of (i) funding and collateral provided by the City of Irvine to the Authority to facilitate start- <br />up and launch costs for the Authority and the CCA Program, and (ii) costs incurred by the City <br />(including staff, consultant, and legal expenses, and associated allocated overhead and <br />administrative expenses) in connection with the study and analysis of the CCA, the formation of <br />the Authority, and the creation of the Implementation Plan (the “Capital Loan Agreement” or <br />the “Capital Loan”). The Capital Loan shall be repaid from customer charges for electrical <br />services to the extent permitted by law when the CCA Program becomes operational. The form <br />of the Capital Loan Agreement is attached hereto as Exhibit D. The Authority shall enter into the <br />Capital Loan Agreement so long as its final form is substantially consistent with the form attached <br />as Exhibit D. <br />5.6 No Requirement for Contributions or Payments.Except as otherwise specified <br />herein, the Parties are not required under this Agreement to make any financial contributions or <br />payments to the Authority, and the Authority shall have no right to require such a contribution or <br />payment. <br />5.6.1 Notwithstanding subsection 5.6, the Board may adopt a membership fee to <br />be paid by Additional Parties upon entering into the Agreement, which