6.1. SR 03-07-2011 - Laserfiche WebLink

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BROOKINGS - TWIN CITIES TRANSMISSION PROJECT AGREEMENT Participant Portion of Monthly Transmission Project Costs amounts to refund to the Participant 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 an offset against Costs of Acquisition and Construction instead of refunding it through credits against the Participant Portion of Monthly Transmission Project Costs. Section 204. No Guarantee of Transfer Capability. The Participant acknowledges and agrees that the Transfer Capability associated with the CMMPA Project Capacity Rights, and therefore the Transfer Capability associated with the Participant Capacity Rights Share, is not subject to CMMPA's control and will vary throughout the term of this Agreement. The Participant acknowledges and agrees that the sale to the Participant of the Participant Capacity Rights Share carries with it no guarantee or other assurance with respect to the Transfer Capability associated with the Participant Capacity Rights Share. ARTICLE 3 CMMPA RETENTION OF TITLE TO TRANSMISSION PROJECT; CMMPA FURTHER ACTIONS TO SECURE BENEFITS Section 301. Title to Transmission Project; No Rights of Partition. (a) CMMPA shall at all times retain title to the Transmission Project. The sale to the Participant of the Participant Capacity Rights Share under this Agreement shall not (i) constitute a transfer of ownership of any part of the Project Facilities, or (ii) make the Participant a party to, or enable the Participant to exercise rights under, any Upstream Project Agreement. The rights conferred on the Participant by sale to it of its Participant Capacity Rights Share shall be the sole rights in the Transmission Project transferred by CMMPA to the Participant pursuant to this Agreement. CMMPA shall retain all rights held by it with respect to the Brookings Project, including its rights as an Owner under the Upstream Project Agreements, other than the Participant Capacity Rights Share specifically transferred to the Participant by this Agreement. (b) The Participant acknowledges that CMMPA has, under the Upstream Project Agreements, waived any rights of partition CMMPA may have with respect to the Brookings Project. The Participant further acknowledges and agrees that CMMPA has not granted to the Participant any property rights with respect to the Transmission Project, but should any court or other authority with jurisdiction ever determine otherwise, the Participant irrevocably waives any rights of partition and the benefit of all Applicable Law (including statutory and common law) that may now or hereafter authorize such partition of the Transmission Project or any part thereof. Solely for purposes of this Section 301(b), the term "Applicable Law" shall include any laws, ordinances, constitutions, regulations, treaties, rules, codes, standards, permits, requirements and orders adopted, 12