SECOND AMENDMENT
TO THE ENERGY SCHEDULING AND TRADING SERVICES AGREEMENT
This Second Amendment to the Energy Scheduling and Trading Services Agreement (“Second Amendment”) is entered into on March ____, 2026 (the “Second Amendment Effective Date”) by and between City of Moreno Valley (“Customer”) and Tenaska Power Services Co. (“TPS”). Each of Customer and TPS may be referred to herein as a “ Party” and collectively as the “Parties” to this Amendment.
WHEREAS, Customer and TPS are parties to that certain Energy Scheduling and Trading Services Agreement dated as of May 20, 2016 , as amended by the First Amendment dated November 17, 2020 (the “Agreement”); and
WHEREAS, the Parties desire to amend the Agreement as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both Parties, Customer and TPS hereby agree as follows:
AMENDMENT
1. Unless otherwise defined in this Amendment, capitalized terms used in this Amendment shall have the same meaning as that given to such terms in the Agreement.
2. The Parties hereby amend the Agreement by replacing the second sentence of Section 5 of the Base Agreement with the following sentence:
“This Agreement will have a term of one hundred forty -four (144) Months, beginning on the Commencement Date and ending at 11:59:59 p.m. Pacific Prevailing Time on the last Day of the full one hundred forty-four (144) consecutive calendar Month period following the Commencement Date (“Term”).”
3. The Parties hereby amend the Agreement by replacing the definition of “ Due Date” in Section 1 of the General Terms and Conditions with the following new definition:
““Due Date” means the twentieth (20 th) Day after receipt of the statement or invoice by Customer; provided, however, if such Day is not a Business Day, the next Business Day.”
4. Unless expressly changed by this Amendment, all other terms of the Agreement shall remain in full force and effect.
5. This Amendment may be executed in multiple counterparts, including facsimile(s) or emails, each one of which will be considered an original Agreement, but all of which together will constitute one and the same instrument.
6. This Amendment contains the entire agreement between the Parties with respect to the subject matter of this Amendment and supersedes any previous understandings, commitments, or agreements, oral or written, with respect to such subject ma tter of this Amendment.
Signature Page to Second Amendment
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
WHEREFORE, the Parties acknowledge and agree to this Amendment effective as of the Effective Date of this Second Amendment.
TENASKA POWER SERVICES CO. CITY OF MORENO VALLEY
By: __________________________ By: __________________________
Name: Kevin R. Smith Name: ________________________
Title: President Title: _________________________