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Minutes of the Annual Meeting of the Power - New York Power ...

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April 24, 2007<br />

Property.<br />

B. If <strong>the</strong> responsible PDC determines that <strong>the</strong> highest <strong>of</strong> such bids is reasonable, <strong>the</strong><br />

responsible PDC shall recommend to <strong>the</strong> Responsible Officer(s), as hereinafter<br />

defined in Section IX, that such bid be accepted, and upon <strong>the</strong> written approval<br />

<strong>of</strong> <strong>the</strong> Responsible Officer(s), <strong>the</strong> sale shall be made to <strong>the</strong> person <strong>of</strong>fering such<br />

proposal. Appended as Attachment “C” is a Sales Agreement which must be<br />

executed, after obtaining all necessary approvals in accordance with Section XI<br />

“Authorization Levels”, by <strong>the</strong> responsible PDC, FMS or VP – Procurement &<br />

Real Estate and <strong>the</strong> successful bidder prior to completion <strong>of</strong> <strong>the</strong> transaction.<br />

C. If ei<strong>the</strong>r (a) <strong>the</strong> responsible PDC determines that <strong>the</strong> highest <strong>of</strong> such bids is not<br />

reasonable or (b) <strong>the</strong> Responsible Officer(s) decline(s) to authorize <strong>the</strong> sale, <strong>the</strong><br />

Property shall, except as provided in paragraph D below, be retained for future<br />

disposal in accordance with <strong>the</strong>se procedures.<br />

Factors to be considered in<br />

determining whe<strong>the</strong>r a bid is reasonable include, but are not limited to:<br />

adequacy <strong>of</strong> <strong>the</strong> estimate <strong>of</strong> <strong>the</strong> Fair Market Value, anticipated improved future<br />

market conditions, potential for o<strong>the</strong>r means <strong>of</strong> disposal or redeployment,<br />

financial viability <strong>of</strong> <strong>the</strong> bidder, and condition <strong>of</strong> Property.<br />

D. Notwithstanding any determination by <strong>the</strong> responsible PDC, <strong>the</strong> Responsible<br />

Officer(s), with <strong>the</strong> review and approval <strong>of</strong> <strong>the</strong> Vice President - Procurement &<br />

Real Estate, may direct <strong>the</strong> sale <strong>of</strong> <strong>the</strong> Property to <strong>the</strong> person or firm submitting<br />

<strong>the</strong> highest bid.<br />

E. No Authority employeeindividual who is involved in <strong>the</strong> award <strong>of</strong> Authority<br />

grants or contracts, may ask any <strong>of</strong>ficer, or director or employee <strong>of</strong> such<br />

11

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