4.3. ERMUSR 05-10-2011 - Laserfiche WebLink

Home Browse Search

Transmission Owner Services and Asset Assignment Agreement CMMPA to take such actions and provide such financing as are necessary to cure the default or violation. (c) Arran¢ement for Third Party Actions. CMMPA shall have the right (but not the obligation) to arrange for a third party to take such actions and provide such financing as are necessary to cure the default or violation, and to assign to such third party any rights granted to CMMPA under this Agreement necessary to enable the third party to take such actions and provide such financing as are necessary to cure the default or violation. (d) Termination of Services and Withdrawal of Facilities from MISO. CMMPA shall have the right to terminate the provision of Transmission Owner Services with respect to the Participant-Owned Transmission Facilities and notify the MISO of withdrawal from the MISO of the Participant-Owned Transmission Facilities, subject to such terms as are applicable to such withdrawal and termination in accordance with Section 308 of this Agreement. (e) Injunctive Relief and Specific Performance. The parties recognize that failure by the Participant to fulfill its obligations under Section 306 of this Agreement could result in serious adverse consequences to CMMPA and other Participants, including the potential for irreparable harm for which monetary damages would not provide an adequate remedy. In such circumstances, CMMPA shall be entitled to injunctive relief to prevent or remedy a violation or default by the Participant under Section 306, and to compel specific performance of the Participant's obligations under Section 306, without the posting of any bond and without proof of any actual damages. (f) No Limitation on Participant's Riehts of Termination. Nothing in this Section 307 shall limit or modify any right the Participant may have under Section 309 to terminate this Agreement with respect to CMMPA's provision of Transmission Owner Services for Participant-Owned Transmission Facilities. Section 308. Modification of Exhibit B. Any modification of Exhibit B to this Agreement shall be subject to any applicable requirements in the MISO-Related Documents, and Applicable Law. Any notice of a modification to Exhibit B pursuant to this Section 308 shall specifically identify the Participant-Owned Transmission Facilities to which the notice relates and the date upon which the Participant wishes the requested modifications to Exhibit B to take effect. (a) Inclusion of Newly Acquired or Constructed Particiuant-Owned Transmission Facilities. (i) If, following the effective date of this Agreement with respect to Participant-Owned Transmission Facilities, the Participant proposes to acquire or construct new Participant-Owned Transmission Facilities for which the Participant wishes CMMPA to provide Transmission Owner 20