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BROOKINGS - TWIN CITIES TRANSMISSION PROJECT AGREEMENT <br />which the Participant will have the right to make direct use of its Participant <br />Capacity Rights Share for scheduling electrical power or energy deliveries <br />without the payment of any rate, fee, or charges to Owners other than CMMPA. <br />(b) Any terms established in accordance with subsection (a)(ii) of this Section 406 <br />shall, among other things: (i) not require either CMMPA or the Participant to <br />provide transmission, distribution, interconnection or other related services to <br />another Participant or a third party under this Agreement; (ii) permit CMMPA or <br />its agent to temporarily interrupt, increase or reduce deliveries of electric power <br />and energy using the Participant Capacity Rights Share if CMMPA or its agent <br />determines that such interruption, increase or reduction is necessary in case of <br />emergencies; (iii) permit CMMPA or its agent to interrupt or reduce deliveries of <br />electric power and energy using the Participant Capacity Rights Share in order to <br />install equipment in or make repairs to or replacements, investigations, and <br />inspections of or to perform other maintenance work on the generation or <br />transmission facilities and apparatuses (or to enable a third party to accomplish <br />any of the foregoing); and (iv) specify that CMMPA shall not be required to <br />provide, or be liable for failure to provide, service using the Participant Capacity <br />Rights Share when such failure or the cessation or curtailment or interference with <br />the service is caused by events or forces beyond CMMPA's control. <br />Section 407. Regulatory Change. <br />(a) The Participant acknowledges and agrees that (i) certain of the Project <br />Agreements may need to be modified to conform to any final order issued by <br />FERC that directly addresses provision(s) in those agreements, (ii) any of the <br />Project Agreements could be amended, or may be proposed to be amended, as a <br />result of a Change in Law, and (iii) FERC, the North American Electric <br />Reliability Corporation, the Midwest Reliability Organization (or their <br />successors), or any other governmental or regulatory agency or body may make a <br />determination that results in a modification to one or more of the Project <br />Agreements. <br />(b) If the occurrence of any of the events described in Section 407(a) necessitates a <br />material change to this Agreement, CMMPA shall, within 30 days of becoming <br />aware of such event, provide written notification thereof to the Participant. <br />Subsequent to such notification and in accordance with Section 404(c) of this <br />Agreement, the Transmission Project Coordinating Committee shall make <br />appropriate recommendations to the CMMPA Board of Directors regarding <br />changes, if any, to this Agreement to address the modifications, proposed <br />modifications, or amendments to the Project Agreements. The Participant shall <br />work in good faith with CMMPA to implement any changes to this Agreement <br />that CMMPA, giving due consideration to any recommendations of the <br />Transmission Project Coordinating Committee, may determine to be necessary. <br />16 <br />