6.1. SR 03-07-2011 - Laserfiche WebLink

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BROOKINGS - TWIN CITIES TRANSMISSION PROJECT AGREEMENT (ddd) "Upgrade" means a capital addition or modification to the Project Facilities, undertaken after the effective date of the Upstream Project Agreements, that increases Facility Capacity or Transfer Capability, or is otherwise required because of an interconnection request made by a Person other than an Owner, and includes capital additions or modifications required by Applicable Law and those made part of the Brookings Project by the Owners pursuant to the Brookings Project Participation Agreement. The term "Upgrade" includes Discretionary Upgrades and Mandatory Upgrades. (eee) "Upstream Project Agreements" means (i) those Project Agreements entered into by CMMPA and one or more other Owners in connection with the Brookings Project, and (ii) the CMMPA MISO Transmission Owner Agreement. The term "Upstream Project Agreements" does not include any Project Agreement to which one or more Participants are parties. ARTICLE 2 CMMPA SALE OF PARTICIPANT CAPACITY RIGHTS SHARE AND PARTICIPANT PAYMENT OBLIGATIONS Section 201. Sale of Participant Capacity Rights Share. CMMPA hereby sells to the Participant and the Participant hereby purchases the Participant Capacity Rights Share, subject to the terms, conditions, limitations, obligations, and covenants set forth in this Agreement. Section 202. Participant Payment Obligations. In consideration for the Participant Capacity Rights Share, the Participant shall pay to CMMPA the Participant Portion of Monthly Transmission Project Costs, in accordance with Article 6. Section 203. True Up of Costs Incurred Under Development Project Agreement. (a) To the extent the Participant's "Election Share" under the Development Project Agreement is less (stated as a percentage) than the Participant Share as of the effective date of this Agreement, the Participant shall be responsible for promptly remitting to CMMPA the difference in Total Development Project Costs actually paid by the Participant as of the effective date of this Agreement and the amount of Total Development Project Costs the Participant would have paid had its Election Share (stated as a percentage) been equal to its Participant Share (the foregoing amount, the "Development True -Up Amount "). CMMPA may, at its option and consistent with CMMPA's financing plan for the Transmission Project, treat the Development True -Up Amount as a Cost of Acquisition and Construction. (b) To the extent the Participant Share is less (stated as a percentage) than its Election Share as of the effective date of this Agreement, CMMPA shall credit to the 11