4.3. ERMUSR 05-10-2011 - Laserfiche WebLink

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Transmission Owner Services and Asset Assignment Agreement (ii) use of its distribution facilities to effectuate transmission transactions under the MISO TEMT; and (iii) the ability to provide transmission services over its Participant-Owned Transmission Facilities. Section 305. Title, Obligations, Liabilities, and Other Rights and Responsibilities Retained by the Participant. Notwithstanding the Participant's transfer of operational control and capacity rights to CMMPA pursuant to Section 304 of this Agreement, the Participant shall retain physical control of its Participant-Owned Transmission Facilities and all obligations to: (a) plan, operate, maintain, repair, replace, upgrade, make additions or capital improvements to, and insure Participant-Owned Transmission Facilities, all in accordance with Prudent Utility Practice; and (b) comply with Applicable Law, including, without limitation, any NERC standards pertaining to the Participant-Owned Transmission Facilities and any requirements imposed by the MISO. The Participant acknowledges and agrees that CMMPA (i) has assumed no obligations or liability whatsoever with respect to any portion of the Participant's Municipal Electric System other than the Participant-Owned Transmission Facilities, and (ii) shall have no obligations of any kind with respect to the Participant-Owned Transmission Facilities except those specifically set forth in this Agreement. Without limiting the generality of the foregoing sentence, CMMPA shall have no liability, and by the execution of this Agreement assumes no liability, for planning, operating, maintaining, repairing, replacing, insuring, or making upgrades or additions or capital improvements to, the Participant's Municipal Electric System, including without limitation any liability for compliance with NERC standards pertaining to such Municipal Electric System or payment of related NERC or FERC penalties. Nothing in this Section 305 shall limit CMMPA's exercise of the rights provided under Section 307 of this Agreement. Section 306. Specific Participant Obligations Related to Participant-Owned Transmission Facilities. (a) ~ecific Obligation Related to Plannine, Oaerations, and Maintenance. The Participant shall at all times and in accordance with Prudent Utility Practice and Applicable Law, including all applicable NERC standards: (i) plan, operate, and maintain equipment and facilities associated with its Municipal Electric System (including Participant-Owned Transmission Facilities and distribution facilities) in accordance with all applicable terms of the MISO TEMT, the CMMPA MISO Transmission Owner Agreement, the MISO regional transmission planning process, and any other regional transmission planning processes in which the MISO or its members are required to participate; 17