4.3. ERMUSR 05-10-2011 - Laserfiche WebLink

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Transmission Owner Services and Asset Assignment Agreement (jj) "Services Administration Committee" means the committee formed in accordance with Section 403 of this Agreement. (kk) "Transmission Facilities Assignment Agreement" means the agreement entered into by CMMPA and certain Participants transferring operational control of Participant-Owned Transmission Facilities to CMMPA to facilitate CMMPA's reassignment and conveyance of the operational control of such facilities to the MISO and receipt by CMMPA of Revenues. (II) "Transmission Owner" means any Person, including CMMPA, that owns, operates, or controls transmission facilities and is defined as a "Transmission Owner" by the MISO. (mm) "Transmission Owner Agreements" mean any and all agreements that CMMPA may enter into from time to time during the term of this Agreement with other Persons, including the MISO, to enable CMMPA to fulfill its role as Transmission Owner, which agreements are listed in Attachment 4, as the same may be amended or replaced from time to time. (nn) "Transmission Owner Services" shall have the meaning given such term in Section 401 of this Agreement (oo) "Uncontrollable Forces" means the occurrence of an event or series of events that is beyond the reasonable control of the party affected that hinders the performance under contract of such person and does not result from the fault, negligence, intentional misconduct, or willful misconduct of the affected party or such party's failure to comply with Applicable Law or Prudent Utility Practice; and such event or series of events could not have been avoided by the affected party through the exercise of reasonable diligence, including the expenditure of reasonable monies or the taking of reasonable precautionary measures. The term "Uncontrollable Forces" includes (to the extent that such events satisfy the foregoing criteria), the following: (i) acts of God or the public enemy; (ii) war, terrorism, rebellion, sabotage, civil unrest or riot; (iii) fires, explosions, hurricanes, floods, tornadoes, microbursts, other abnormal weather events or other natural catastrophes; (iv) changes to Applicable Law; and (v) strikes and other labor disturbances. Under no circumstance shall Uncontrollable Forces excuse a party's obligations to make payments when due under this Agreement, unless such Uncontrollable Forces result in a failure of the Federal Reserve wire system or other failure of the banking system that deprives a party of access to otherwise available funds. (pp) "Upstream Project Agreements" means those agreements entered into by CMMPA and one or more other Persons providing for the ownership, construction, operation, and maintenance of a CMMPA-Owned Transmission Project. The term "Upstream Project Agreements" does not include any agreement to which one or more Participants are parties. 9