6.1. SR 03-07-2011 - Laserfiche WebLink

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BROOKINGS - TWIN CITIES TRANSMISSION PROJECT AGREEMENT (u) "Development Project Agreement" means the Brookings -Twin Cities Development Project Agreement entered into between the Participant and CMMPA dated February , 2007 setting forth the Participant's entitlement and other rights and obligations related to the development of the Transmission Project. (v) "Development True -Up Amount" has the meaning given such term in Section 203(a) of this Agreement. (w) "Development Work" has the meaning given such term in the Development Project Agreement. (x) "Discretionary Upgrade" means any Upgrade (i) with respect to which CMMPA has the right to elect whether or not to provide funding, and (ii) the costs of which CMMPA proposes to treat as Costs of Acquisition and Construction, payable either from proceeds from Bonds or as Other Transmission Project Costs, under this Agreement. (y) "Elective Increase to CMMPA Percentage Interest" means CMMPA's exercise of rights conferred by the Upstream Project Agreements to voluntarily increase its Percentage Interest in the Brookings Project, such as by purchasing a portion of another Owner's interest pursuant to a right of first offer or call option, or subscribing to a greater Percentage Interest resulting from an increase to the Maximum CM Costs in which another Owner has declined to participate. The term "Elective Increase to CMMPA Percentage Interest" does not include (i) any increase in CMMPA Percentage Interests that results from events outside of CMMPA's control, including, without limitation, an obligation to step up following another Owner's default under an Upstream Project Agreement, or (ii) any reduction in CMMPA Percentage Interest, whether resulting from CMMPA's voluntary action or otherwise. (z) "Facility Capacity" means the then - current maximum power that can be transmitted over the Project Facilities, as built, without consideration of constraints imposed by the balance of the transmission grid with which the Project Facilities are interconnected. (aa) "Federal Tax Exemption" means the exclusion from gross income of interest on CMMPA's Bonds for federal income tax purposes. (bb) "FERC" means the Federal Energy Regulatory Commission or its successor. (cc) "Management Committee" means the committee of the Owners' representatives established pursuant to the Brookings Project Participation Agreement. (dd) "Mandatory Upgrade" means any Upgrade for which CMMPA is obligated by Applicable Law or pursuant to the Upstream Project Agreements to provide funding. (ee) "Maximum CM Costs" means the maximum cost amount, as specified in Section 5.1.3 of the Brookings Project Construction Management Agreement, that may be incurred for purpose of constructing the Brookings Project, unless action