OF THE AGREEMENT AND (II) NO STORM RECOVERY BONDS ARE
OUTSTANDING.
(B)
MAINTENANCE AND ACCESS TO RECORDS. THE
SERVICER SHALL MAINTAIN THE STORM RECOVERY PROPERTY DOCUMENTATION AT 2030
DONAHUE FERRY ROAD, PINEVILLE, LOUISIANA OR AT SUCH OTHER OFFICE AS SHALL BE
SPECIFIED TO THE ISSUER, TO THE LPSC AND TO THE TRUSTEE BY WRITTEN NOTICE AT
LEAST THIRTY (30) DAYS PRIOR TO ANY CHANGE IN LOCATION. THE SERVICER SHALL MAKE
AVAILABLE, AS IS REASONABLY REQUIRED FOR THE TRUSTEE TO PERFORM ITS DUTIES AND
OBLIGATIONS UNDER THE INDENTURE AND THE OTHER BASIC DOCUMENTS, FOR INSPECTION,
AUDIT AND COPYING TO THE ISSUER AND THE TRUSTEE OR THEIR RESPECTIVE DULY
AUTHORIZED REPRESENTATIVES, ATTORNEYS OR AUDITORS THE SERVICER'S RECORDS
REGARDING THE STORM RECOVERY PROPERTY, THE STORM RECOVERY CHARGES AND THE STORM
RECOVERY PROPERTY DOCUMENTATION AT SUCH TIMES DURING NORMAL BUSINESS HOURS AS
THE ISSUER OR THE TRUSTEE SHALL REASONABLY REQUEST AND WHICH DO NOT UNREASONABLY
INTERFERE WITH THE SERVICER'S NORMAL OPERATIONS. NOTHING IN THIS
SECTION 5.02(B) SHALL AFFECT THE OBLIGATION OF THE SERVICER TO OBSERVE ANY
APPLICABLE LAW (INCLUDING ANY LSPC REGULATION) PROHIBITING DISCLOSURE OF
INFORMATION REGARDING THE CUSTOMERS, AND THE FAILURE OF THE SERVICER TO PROVIDE
ACCESS TO SUCH INFORMATION AS A RESULT OF SUCH OBLIGATION SHALL NOT CONSTITUTE A
BREACH OF THIS SECTION 5.02(B).
(C)
RELEASE OF DOCUMENTS. UPON INSTRUCTION FROM
THE TRUSTEE IN ACCORDANCE WITH THE INDENTURE, THE SERVICER SHALL RELEASE ANY
STORM RECOVERY PROPERTY DOCUMENTATION TO THE TRUSTEE, THE TRUSTEE'S AGENT OR THE
TRUSTEE'S DESIGNEE, AS THE CASE MAY BE, AT SUCH PLACE OR PLACES AS THE TRUSTEE
MAY DESIGNATE, AS SOON AS PRACTICABLE.
(D)
LITIGATION TO DEFEND STORM RECOVERY
PROPERTY. THE SERVICER IS REQUIRED TO INSTITUTE ANY ACTION OR PROCEEDING
REASONABLY NECESSARY TO COMPEL PERFORMANCE BY THE LPSC OR THE STATE OF LOUISIANA
OF ANY OF THEIR RESPECTIVE OBLIGATIONS OR DUTIES UNDER THE SECURITIZATION ACT OR
THE FINANCING ORDER, AS THE CASE MAY BE, WITH RESPECT TO THE STORM RECOVERY
CHARGE ADJUSTMENT, PROVIDED, HOWEVER, THAT IN CIRCUMSTANCES IN WHICH THE
SERVICING PROCEDURES SET OUT IN ANNEX I APPLY, THE PROVISIONS OF THIS
UNDERTAKING DO NOT REQUIRE THE SERVICER TO ACT IN A MANNER DIFFERENT FROM THE
MANNER THAT THE SERVICING PROCEDURES REQUIRE. IN ANY PROCEEDINGS RELATED TO THE
EXERCISE OF THE POWER OF EMINENT DOMAIN BY ANY MUNICIPALITY TO ACQUIRE A PORTION
OF CLECO POWER'S ELECTRIC DISTRIBUTION FACILITIES, INCLUDING UPON THE EXPIRATION
OF ANY FRANCHISE AGREEMENT, THE SERVICER WILL ASSERT THAT THAT THE COURT
ORDERING SUCH CONDEMNATION MUST TREAT SUCH MUNICIPALITY AS A SUCCESSOR TO CLECO
POWER UNDER THE SECURITIZATION ACT AND THE FINANCING ORDER AND THAT CUSTOMERS IN
SUCH MUNICIPALITIES REMAIN RESPONSIBLE FOR PAYMENT OF STORM RECOVERY CHARGES.
THE COSTS OF ANY SUCH ACTIONS OR PROCEEDINGS WOULD BE REIMBURSED BY THE ISSUER
TO THE SERVICER FROM AMOUNTS ON DEPOSIT IN THE COLLECTION ACCOUNT AS AN
OPERATING EXPENSE (AND SHALL NOT BE DEEMED TO CONSTITUTE A PORTION OF THE
SERVICING FEE) IN ACCORDANCE WITH THE TERMS OF SECTION 8.02(D) OF THE INDENTURE.
THE AMOUNT OF ANY RECOVERIES RECEIVED BY