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Party; or (d) if by overnight courier, on the Business Day following delivery to the overnight <br />courier within the time limits set by that courier for next-day delivery. <br />8. This First Amendment may be executed in one or more counterparts, each of which shall be deemed <br />to be an original, but all of which together shall be deemed to be one and the same instrument. <br />9. Exhibit A (ENERGY LEADER PARTNERSHIP - PROGRAM LEVEL DATA) and Exhibit B <br />(ENERGY LEADER PARTNERSHIP PROGRAM 2010-12 GOALS & PARTNER BUDGET) of <br />the Agreement are hereby deleted in their entirety and replaced with the versions of Exhibit A <br />(ENERGY LEADER PARTNERSHIP - PROGRAM LEVEL) and Exhibit B (ENERGY LEADER <br />PARTNERSHIP PROGRAM 2013-14 GOALS & PARTNER BUDGET FOR SANTA ANA) attached <br />to this First Amendment, which attached versions are incorporated herein by reference and made a <br />part of the Agreement. <br />10. General. From and after the First Amendment Effective Date, any reference to the Agreement <br />contained in any notice, request, certificate or other instrument, document or agreement shall be <br />deemed to mean the Agreement, as amended by this First Amendment. In the event of any conflict <br />between the Agreement and this First Amendment, this First Amendment shall prevail. All remaining <br />provisions of the Agreement shall remain unchanged and in full force and effect. Each party is fully <br />responsible for ensuring that the person signing this First Amendment on that party's behalf has the <br />requisite legal authority to do so. <br />[SIGNATURES FOLLOW ON NEXT PAGE] <br />EXHIBIT 1 <br />25B-5