4.3. ERMUSR 05-10-2011 - Laserfiche WebLink

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Transmission Owner Services and Asset Assignment Agreement ARTICLE 9 MISCELLANEOUS PROVISIONS Section 901. Termination, Amendment, and Waiver. (a) This Agreement shall not be subject to termination by either party under any circumstances, whether based upon the default of the other party under this Agreement or default of another Participant under another Transmission Asset Assignment Agreement, or any party's default under any other instrument, or otherwise, except as specifically provided in this Agreement. (b) This Agreement may be amended only by a written instrument specifically referring to this Agreement, executed and delivered by CMMPA and the Participant, except that CMMPA may, with the approval of the CMMPA Board of Directors, revise any of Attachments 1, 3, 4, 5, and 6 to this Agreement as necessary or appropriate to reflect updated or changed information, amendments to CMMPA-Participant Transmission Project Agreements, or changes in Applicable Law. CMMPA may not modify Attachment 2 except with the approval of the CMMPA Board of Directors and the Services Administration Committee. Exhibit A may be modified as provided Section 205 of this Agreement. Exhibit B may be modified as provided Section 308 of this Agreement. (c) No term, .condition, warranty, representation, or covenant contained in this Agreement may be waived except by a written instrument executed by the party waiving compliance. Any such waiver shall be effective only in the specific instance and for the specific purpose for which it was given and shall not be deemed a waiver of any other provision or of the same breach or default upon any recurrence. No failure on the part of either party to exercise, and no delay in exercising, any right conferred by this Agreement shall operate as a waiver thereof nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. Section 902. Notices and Communications. Any formal notice, demand, approval, proposal, protest, direction or request provided for in this Agreement to be delivered, given or made to the Participant shall be deemed delivered, given or made if delivered in writing in person or mailed by registered or certified mail, postage prepaid, return receipt requested, addressed to the Person and at the address designated in writing filed with CMMPA by the Participant or delivered in such other manner as may be agreed upon from time to time by CMMPA and the Participant. The Participant may change such designation, at any time and from time to time, by giving notice to CMMPA as below provided. Any formal notice, demand or request to be delivered, given or made to CMMPA must specifically reference this Agreement and shall be deemed delivered, given or made if delivered in writing, in person, or sent by mail or other means as provided above to the following address: 38