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Transmission Owner Services and Asset Assignment Agreement
<br />Section 102. Definitions.
<br />As used in this Agreement (including its preamble, recitals, and attachments), capitalized
<br />terms (whether used in the singulaz or the plural) shall have the meanings specified
<br />below:
<br />(a) "Act" means the Minnesota Municipal Power Agency Act, Minnesota Statutes,
<br />Chapter 453, Sections 453.51 to 453.62, as the same has been heretofore or may
<br />be hereinafter amended.
<br />(b) "Agreement" and "Transmission Asset Assignment Agreement" mean this
<br />Transmission Owner Services and Asset Assignment Agreement between
<br />CMMPA and the Participant and all substantially similar agreements entered into
<br />by CMMPA and the other Participants with respect to CMMPA-Owned
<br />Transmission Projects and any Participant-Owned Transmission Facilities, in each
<br />case as the same may be amended from time to time, including all Attachments
<br />and Exhibits to this Agreement, as any such Attachment or Exhibit may be
<br />revised and updated from time to time, in each case in accordance with the terms
<br />of this Agreement.
<br />(c) "Annual Budget" means the budget effective for any Contract Year pursuant to
<br />Section 601 of this Agreement, which itemizes the estimated Monthly
<br />Transmission Owner Services Costs and monthly Revenues during a Contract
<br />Year, or, in the case of an amended Annual Budget, during the remainder of a
<br />Contract Year.
<br />(d) "Applicable Law" means (i) any and all laws (including all statutory enactments
<br />and common law), ordinances, constitutions, regulations, treaties, rules, codes,
<br />standards, permits, requirements and orders that: (a) have been adopted, enacted,
<br />implemented, promulgated, ordered, issued, entered or deemed applicable by or
<br />under the authority of any governmental or regulatory agency or body having
<br />jurisdiction over a specified Person (or the properties or assets of such Person)
<br />and (b) are applicable to the CMMPA-Owned Transmission Projects or the
<br />Participant-Owned Transmission Facilities; and (ii) the rules, orders, regulations,
<br />practices, procedures and protocols established in compliance with Applicable
<br />Law (as defined in clause (i) of this definition) by duly authorized transmission
<br />providers (such as MISO), electric reliability organizations (such as NERC and
<br />the Midwest Reliability Organization) and comparable Persons that are applicable
<br />to the CMMPA-Owned Transmission Projects or the Participant-Owned
<br />Transmission Facilities or the transactions, operations, and activities contemplated
<br />by this Agreement and the CMMPA-Participant Transmission Project
<br />Agreements, or the performance of the obligations of the parties to such
<br />agreements; provided, however, that "Applicable Law" shall not include any
<br />laws, ordinances, constitutions, regulations, treaties, rules, codes, standards,
<br />permits, requirements and orders adopted, enacted, implemented, promulgated,
<br />ordered, issued, or entered by CMMPA or the Participant.
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