4.3. ERMUSR 05-10-2011 - Laserfiche WebLink

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Transmission Owner Services and Asset Assignment Agreement (g) CMMPA and the Participant shall work together in good faith to implement the provisions of this Section 404. The Participant acknowledges and agrees that the Participant's failure to timely comply with the requirements set forth in this Section 404 may impair CMMPA's ability to receive or preclude CMMPA from receiving Revenues, and shall, for purposes of Section 801 of this Agreement, be deemed a default by Participant under this Agreement. CMMPA shall not be responsible for any loss or delay of Revenues otherwise due to the Participant to the extent the loss or delay results from the Participant's failure to timely comply with the requirements set forth in this Section 404. In addition, to the extent the Participant's failure to timely comply with the requirements set forth in this Section 404 results in loss of Revenues that would have otherwise been due to another Participant, the Participant shall be liable to CMMPA for such loss, and CMMPA shall have the right to retain Revenues otherwise due to Participant under this Agreement to the extent of, and shall apply such retained Revenues to mitigate, any such loss. Section 405. Insurance. CMMPA shall procure and maintain in force, as a Monthly Transmission Owner Services Cost, such insurance as may be required by the Transmission Owner Agreements or Prudent Utility Practice, or that CMMPA may reasonably deem desirable, but without duplicating any insurance coverage provided by insurance obtained in accordance with applicable CMMPA-Participation Transmission Project Agreements. Subject to the provisions of the Transmission Owner Agreements, any proceeds of such insurance received by CMMPA relating to the provision of Transmission Owner Services shall be used to offset Monthly Transmission Owner Services Costs that would otherwise be payable under this Agreement. In determining the amount of insurance to maintain for purposes of this Agreement, CMMPA shall consult with, and provide an opportunity for input and recommendations from, the Services Administration Committee. Nothing herein shall prevent Participant from purchasing additional insurance and CMMPA shall reasonably cooperate with Participant's actions to do so. Section 406. Delivery of Participant Opinion. If requested by CMMPA in connection with the execution and delivery of this Agreement and at such other times as CMMPA shall reasonably request, the Participant shall furnish CMMPA with an opinion by an attorney or firm of attorneys, addressed to CMMPA and such other parties as CMMPA requests, to the effect of the matters set forth on Attachment 5 hereto. 28