REMEDIES UNDER CONTRACT NOT EXCLUSIVE

(30) Nothing contained in this contract shall be construed as in any manner abridging, limiting or depriving the United States of any means of enforcing any remedy either at law or in equity for the breach of any of the provisions hereof which it would otherwise have.

MEMBER OF CONGRESS CLAUSE

(31) No Member of or Delegate to Congress or Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom. Nothing, however, herein contained shall be construed to extend to this contract if made with a corporation for its general benefit. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written.

THE UNITED STATES OF AMERICA, BY RAY LYMAN WILBUR,

Secretary of the Interior.

[SEAL]

THE CITY OF Pasadena,

By P. M. WALKER,

Chairman Board of Directors.

Approved as to form:

By HAROLD P. HULS, City Attorney.

Attest:

BESSIE CHAMBERLAIN,

City Clerk of the City of Pasadena.

833942-50-28

(1) THIS CONTRACT, made this 5th day of November, nineteen hundred thirty-one, pursuant to the Act of Congress approved June 17, 1902 (32 Stat., 388), and acts amendatory thereof or supplementary thereto, all of which acts are commonly known and referred to as the reclamation law, and

particularly pursuant to the Act of Congress approved December 21, 1928 (45 Stat., 1057), designated the Boulder Canyon Project Act, between THE UNITED STATES OF AMERICA, hereinafter referred to as the United States, acting for this purpose by Ray Lyman Wilbur, Secretary of the Interior, hereinafter styled the Secretary, and THE SOUTHERN SIERRAS POWER ComPANY, a corporation organized and existing under and by virtue of the laws. of the State of Wyoming, hereinafter styled the Allottee;

WITNESSETH:

EXPLANATORY RECITALS

(2) WHEREAS, for the purpose of controlling the floods, improving navigation and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy, the Secretary, subject to the terms of the Colorado River Compact, is authorized to construct, operate and maintain a dam and incidental works in the main stream of the Colorado River at Black Canyon or Boulder Canyon, adequate to create a storage reservoir of a capacity of not less than twenty million acre-feet of water; also to construct, equip, operate and maintain at or near said dam, or cause to be constructed, a complete plant and incidental structures suitable for the fullest economic development of electrical energy from the water discharged said reservoir and

(3) WHEREAS, after full consideration of the advantages of both the Black Canyon and Boulder Canyon dam sites, the Secretary has determined upon Black Canyon as the site of the aforesaid dam, hereinafter styled the Hoover Dam, and has determined that the revenues provided for by this contract, together with other contracts in accordance with the provisions of the Boulder Canyon Project Act, are adequate in his judgment to insure payment of all expenses of operation and maintenance of the Hoover Dam and appurtenant works incurred by the United States, and the repayment within fifty (50) years from the date of completion of said works of all amounts advanced to the Colorado River Dam Fund under subdivision (b) of Sec-' tion 2 of the Boulder Canyon Project Act, together with interest thereon made reimbursable under said Act; and

(4) WHEREAS, the United States has entered into an agreement of date April 26, 1930, with the City of Los Angeles (hereinafter styled the City) and Southern California Edison Company Ltd., (hereinafter styled the Company) severally (both hereinafter referred to as the lessees) for the lease, and the operation and maintenance, of a Government-built power plant to be constructed at Hoover Dam, together with the right to generate electrical energy (a copy of which said lease as amended by supplemental agreements. of date May 28, 1930, and September 23, 1931, is attached hereto marked Exhibit "A," and by this reference made a part hereof); and whereas in said

lease the Secretary has reserved the authority to, and in consideration of the execution thereof is authorized by each of the aforesaid lessees, severally, to contract with the other allottees named in the allocation set forth therein for the furnishing of energy to such allottees at transmission voltage in accordance with the allocation to each allottee, and the Secretary is therein granted by each lessee, severally, the power in accordance with the provisions thereof to enforce as against each lessee the rights to be acquired by such other allottees by contracts to be entered into with the United States; and whereas in said lease the Company has agreed to generate energy allocated to the Allottee; and

(5) WHEREAS, the Company, the Allottee, Los Angeles Gas and Electric Corporation, and San Diego Consolidated Gas and Electric Company have mutually agreed upon a division of all energy for which the Company is obligated and/or entitled to take under said agreement marked Exhibit "A," on the basis of seventy-five per centum (75%) thereof to the Company, ten per centum (10%) thereof to the Allottee, ten per centum (10%) thereof to Los Angeles Gas and Electric Corporation, and five per centum (5%) thereof to San Diego Consolidated Gas and Electric Company, and the Allottee is desirous of entering into a contract with the United States for the purchase of Electrical energy to be generated at the power plant to be leased, as aforesaid, to the Company;

(6) Now, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows, to wit:

ALLOCATION OF ELECTRICAL ENERGY

(7) The United States will cause electrical energy to be delivered to the Allottee under and in pursuance of and subject to the provisions of the aforesaid lease, attached hereto as Exhibit "A," throughout the period during which the Company is obligated or entitled to take energy under said lease, in accordance with the following allocation, to wit:

Of Firm Energy, as defined in article eight (8) hereof:

A. To the State of Nevada, for use in Nevada, not exceeding eighteen per centum (18%) of said total firm energy.

B. To the State of Arizona, for use in Arizona, not exceeding eighteen per centum (18%) of said total firm energy. Should either of the States not take its full eighteen per centum (18%) allocation within a period of twenty (20) years hereof, the other may then contract for the energy not so taken up to four per centum (4%) of the total firm energy, provided that the combined amount used by the two States shall not, at any time, exceed thirty-six per centum (36%) of such total firm energy.

C. To The Metropolitan Water District of Southern California for pumping Colorado River water into and in its aqueduct for the use of such District within the following limits:

(1) Thirty-six per centum (36%) of said total firm energy, plus

(2) All secondary energy developed at the Hoover Dam power plant as provided in article thirteen (13) hereof, plus