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M <br /> 6 <br /> SECONDARY SERVICE CONTRACT <br /> Schedule 20 <br /> THIS SERVICE CONTRACT (this"Contract") is entered into effective as of <br /> 2010 between PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, WASHINGTON, a <br /> municipal corporation organized and existing under the laws of the State of Washington(the"PUD"), and <br /> the City of Everett, a municipal corporation organized and existing under the laws of the State of <br /> Washington (the "Customer"). The PUD and the Customer are sometimes hereinafter referred to <br /> individually as a"Party" and collectively as the"Parties." <br /> I. CERTAIN DEFINED TERMS; INCORPORATION BY REFERENCE. For purposes of this <br /> Contract,the terms set out below are defined as follows: <br /> 1.1. Rates mean, at any given time, the then-current rates and charges, as set forth in the <br /> Schedules, as they may be amended from time to time and at any time by the PUD's Board of <br /> Commissioners (the "Commission"), payable by the Customer for Electric Power and related <br /> services under this Contract. <br /> 1.2. Regulations mean the PUD's Customer Service Regulations for Electric Service, or any <br /> successor thereto. <br /> 1.3. Schedules mean the PUD's Rate Schedules 20 (General Service, Medium Load) and 82 <br /> (Adjustments),collectively. <br /> All capitalized terms used but not defined herein will have the respective meanings set forth in the <br /> Schedules or the Regulations. The Schedules and Regulations, as amended from time to time and at any <br /> time by the PUD's Board of Commissioners, are incorporated into this Contract as though fully set forth <br /> herein. <br /> 2. CUSTOMER'S PREMISES. The PUD will serve the following Customer facilities (the <br /> "Customer's Premises")under this Contract: <br /> Location of Facilities: 6001 Evergreen Way, Everett,WA <br /> Description of Facilities: Evergreen Way Pumping Station(EWPS), aka: Highway Place <br /> 3. SALE AND PURCHASE OF ELECTRIC POWER <br /> 3.1. Sale and Purchase. The PUD will sell to the Customer, and the Customer will purchase <br /> from the PUD, all Electric Power required by or used to operate the Customer's Premises, except for <br /> Electric Power provided by Customer-owned emergency generation facilities situated at the Customer's <br /> Premises and such Customer-owned generation facilities as may be approved by the Commission under <br /> separate contract. <br /> 3.2. Maximum KVA Demand during Normal Operating Conditions. The PUD agrees to <br /> furnish the Customer a maximum of 2,600 kVA of Electric Power. (The total maximum kVA demand of <br /> the EWPS site, combined Customer and Alderwood Water and Wastewater District facilities(AWWD), is <br /> 1 <br /> 48 <br />