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EXCEPTION AGREEMENT BETWEEN <br />Elk River Municipal Utilities <br />AND <br />CONNEXUS ENERGY COOPERATIVE <br />EXCEPTION FORM NUMBER (CE# 1) <br />This agreement entered into this day of .2010, (the <br />"Agreement") between Elk River Municipal Utilities with its principal office <br />located at 13069 Orono Parkway, Elk River, Minnesota, and Connexus Energy <br />Cooperative, with its principal office located at 14601 Ramsey Blvd NW, <br />Ramsey, Minnesota (collectively, the "Parties"). <br />RECITALS <br />A. Elk River Municipal Utilities is a Municipal Utility formed and <br />operating pursuant to the provisions of Chapter 412.321 through 412.391 of <br />the Minnesota Statutes. <br />B. Connexus Energy Cooperative is an electric cooperative formed <br />pursuant to the provisions of Chapter 308A of the Minnesota Statutes. <br />G Pursuant to the electric service area assignments of the Minnesota <br />Public Utilities Commission (the "Commission") and Minnesota Statutes ~ <br />216B.39 and ~216B.40, Elk River Municipal Utilities and Connexus Energy <br />Cooperative have exclusive rights to provide electric service to customers <br />within their respective service temtories. <br />D. In Elk River Municipal Utilities' Sherburne County service <br />temtory is 1 developed residential/commercial sites within close proximity to <br />Connexus Energy Cooperative's distribution facilities. These <br />residential/commercial sites (the "exception area") are further shown on <br />Attachment 1 to the Agreement. <br />E. The Parties have come to a mutual agreement that will allow <br />Connexus Energy Cooperative to provide service by exception to 1 <br />residential/commercial location within the exception area. <br />NOW THEREFORE, in consideration of the promises exchanged <br />herein, the Parties agree as follows: <br />1 <br />