6.1. SR 03-07-2011 - Laserfiche WebLink

Home Browse Search

BROOKINGS - TWIN CITIES TRANSMISSION PROJECT AGREEMENT enacted, implemented, promulgated, ordered, issued, or entered by CMMPA or the Participant. Section 302. CMMPA Further Actions to Secure Benefits. In addition to its obligations specifically set forth in this Agreement and the Transmission Asset Assignment Agreement, CMMPA shall take such further actions it determines, in good faith, to be appropriate or necessary to seek to secure for the Participants the benefits of the Transmission Project contemplated by this Agreement and the Transmission Asset Assignment Agreement. ARTICLE 4 GOVERNING OBLIGATIONS AND DECISION -MAKING Section 401. Relationship to Other Instruments. The Participant and CMMPA acknowledge and agree that CMMPA, in the development, ownership or participation, construction, acquisition and operation of the Transmission Project, is bound by and must comply with the requirements of Applicable Law, all Upstream Project Agreements, the Transmission Asset Assignment Agreement, the Bond Resolution, and all licenses, permits and regulatory oversight and approvals necessary for such development, ownership or participation, construction, acquisition, and operation ( "Other Instruments "). The Participant and CMMPA therefore agree that this Agreement is subject to the terms and provisions of such Other Instruments, as they may be amended or supplemented from time to time. Consistent with this Agreement, the Upstream Project Agreements, and the Bond Resolution, CMMPA shall take such actions as it determines in good faith are necessary or appropriate to seek to enforce its rights under the Upstream Project Agreements. Section 402. Estimated Construction Costs, Maximum CM Costs, Elective Increases to CMMPA Percentage Interest, and Discretionary Upgrades. (a) Attachment 2 sets forth, as of the execution date of this Agreement, the parties' calculations supporting the amount designated as the Costs of Acquisition and Construction for completion of the Transmission Project. The estimated Costs of Acquisition and Construction reflect the aggregate amount of funding (considering both "net" proceeds to be paid out under the Brookings Construction Management Agreement and associated indirect costs) needed to acquire CMMPA Percentage Interest in the Brookings Project as set forth in Attachment 2. (b) Unless CMMPA has first obtained the concurrence of the Transmission Project Coordinating Committee as provided in Section 404(d), CMMPA shall not: (i) approve an increase in the Maximum CM Costs, (ii) commit to an Elective Increase to CMMPA Percentage Interest, or 13