8882-16 Authorization to enter contract with Empower Gas & Electric

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C. Amendments. This Agreement may be modified or amended only by an instrument in writing signed by the Parties. D. Entire Agreement. This Agreement, together with its attached schedules and exhibits, contains the entire agreement between the parties hereto with respect to the subject matter hereof and any prior agreements, discussions, or understandings, written or oral, are superseded by this Agreement and shall be of no force or effect. No supplement, amendment, addition, or modification of any term or provision of this Agreement shall be effective unless set forth in writing and signed by the authorized representatives of the parties. E. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same Agreement. F. Appropriation and Certification of Availability of Funds. Subject to the terms outlined in Section 4 above, Lakewood certifies that sufficient foods have been appropriated for the performance of its obligations under this Agreement and such fimds are in Lakewood's treasury or in the process of collection to the credit of appropriate accounts. In the event it is necessary to secure further funds to fulfill Lakewood's obligations under this Agreement, Lakewood shall promptly prepare and submit to its legislative authority with a request for favorable consideration any necessary ordinances or resolutions to fully fiord its obligations under this Agreement. In the event that the legislative authority fails to authorize said sufficient funds, this Agreement shall terminate without consequence to either Party as set forth in Section 5. IN WITNESS WHEREOF, Lakewood and EG &E have caused this Agreement to be executed as of the date first mentioned above. EMPOWER GAS & ELECTRIC LLC I: Title: Approved as to Content: Approved as to Form: Lo CITY OF LAKEWOOD Michael P. Summer, Mayor 7