4.3. ERMUSR 05-10-2011 - Laserfiche WebLink

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Transmission Owner Services and Asset Assignment Agreement Assignment Agreements; and references to "the Participants" mean the Person executing this Agreement together with all other Persons executing separate Transmission Asset Assignment Agreements, all of which are listed in Attachment 4 to this Agreement. (ee) "Participant Portion of Monthly Transmission Project Costs" means the Participant Portion of Monthly Transmission Project Costs as defined in the CMMPA-Participant Brookings Transmission Project Agreement. (ff) "Participant-Owned Transmission Facilities" means the transmission facilities that are owned by Participant and identified in Exhibit B to this Agreement, including any replacements, restoration, rebuilding, upgrades, capital additions, or modifications to such transmission facilities. (gg) "Person" means any individual; corporation; partnership; limited liability company; association; cooperative association; joint stock company; trust; unincorporated organization; joint venture; federal, state, municipal, or local governmental or regulatory body (including, without limitation, any agency, authority, branch, board, commission, court, department, instrumentality, office, subdivision, or other unit); or other entity with legal constitution under Applicable Law. (hh) "Prudent Utility Practice" at a particular time means any practices, methods and acts (including but not limited to the practices, methods and acts engaged in or approved by a significant portion of the electrical utility industry prior thereto) which, in the exercise of reasonable judgment in the light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at the lowest reasonable cost consistent with good business practices, reliability, safety and expedition. Prudent Utility Practice shall apply not only to functional parts of CMMPA-Owned Transmission Projects and Participant-Owed Transmission Facilities, but also to appropriate structures, landscaping, painting, signs, lighting, or facilities and public relations programs reasonably designed to promote public enjoyment, understanding and acceptance of the CMMPA-Owned Transmission Projects and Participant-Owed Transmission Facilities. Prudent Utility Practice is not intended to be limited to the optimum practice, method or act, to the exclusion of all others, but rather to be a spectrum of possible practices, methods or acts. In evaluating whether any matter conforms to Prudent Utility Practice, the parties shall take into account (i) the fact that CMMPA is a body politic and corporate and apolitical subdivision under the laws of the State of Minnesota, with the statutory duties and responsibilities thereof, (ii) the fact that the Participant is a body politic and corporate or other governmental entity or political subdivision under the laws of the state in which it is located, with the statutory duties and responsibilities thereof, and (iii) in the case of any joint facility, the applicable ownership or participation agreement between the owners or participants of the facility. (ii) "Revenues" has the meaning given such term in Section 501(a) of this Agreement. 8