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THIS AGREEMENT TO DELIVER THE 2013 -2014 SANTA ANA ENERGY EFFICIENCY <br />PARTNERSHIP PROGRAM (the "Agreement ") between the City of Santa Ana, (the "City "), <br />and Southern California Gas Company ( "Utility "), shall be effective as of January 1, 2013 <br />( "Effective Date "). SCG and the City may be referred to herein individually as a "Party" and <br />collectively as "Parties ". The SANTA ANA ENERGY EFFICIENCY PARTNERSHIP may be <br />referred to herein as the "Santa Ana Partnership" or the "Program." <br />WHEREAS On November 8, 2012, the California Public Utilities Commission (the <br />"Commission "), issued its Decision Approving 2013 -2014 Energy Efficiency Programs and <br />Budgets (D. 12 -11 -015, the "Decision "). The Decision approves a portfolio of energy efficiency <br />programs and budgets to be implemented in 2013 -2014, including the expansion of SCG Local <br />Government Partnership Programs, which includes the Santa Ana Partnership; <br />WHEREAS, the City and the Utility have expressed a commitment to participate jointly <br />in the Program, allowing the city to achieve immediate and long -term energy savings in its own <br />facilities and to demonstrate energy efficiency leadership in its communities while helping <br />residents and businesses achieve sustainable reductions in energy use within SCG territory; and <br />WHEREAS, the Parties desire to enter into an agreement that supersedes any and all <br />previous agreements, and sets forth the terms and conditions under which the Programs shall be <br />implemented with respect to the Parties. <br />NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, the Parties agree as follows: <br />1. DEFINITIONS: <br />All terms used in the singular will be deemed to include the plural, and vice versa. The <br />words "herein," "hereto," and "hereunder" and words of similar import refer to this Agreement <br />as a whole, including all exhibits or other attachments to this Agreement, as the same may from <br />time to time be amended or supplemented, and not to any particular subdivision contained in this <br />Agreement, except as the context clearly requires otherwise. "Includes" or "including" when <br />used herein is not intended to be exclusive, or to limit the generality of the preceding words, and <br />means "including without limitation." The word "or" is not exclusive. <br />1.1. Agreement: This docimient and all exhibits attached hereto, and as amended from time <br />to time. <br />1.2. Authorized Partnership Budget: The Commission - approved maximum budget for <br />funding the Partnership and performance by the Program Participants' of Authorized <br />Work, the total amount which shall be apportioned among the Program Participants, <br />including the City, by SCG in its sole and absolute discretion (see "Partner Budget "). <br />1.3. Authorized Work: The work authorized by the Commission for the Program as set forth <br />in this Agreement and as more fully described in the Program Implementation Plan <br />attached hereto as Exhibit A, and as agreed to be performed by the Parties. <br />2013 -14 Santa Ana Partnership Agreemen� 5C -4 1 <br />