4.3. ERMUSR 05-10-2011 - Laserfiche WebLink

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Transmission Owner Services and Asset Assignment Agreement Chief Executive Officer Central Minnesota Municipal Power Agency 459 South Grove Street Blue Earth, Minnesota 56013 or such other address designated by CMMPA, as provided above; with a copy to: Michael M. Gavin 017 Hennepin Ave. N. Glencoe, MN 55336 meavinid:eoslawtirm.com. Routine communications to facilitate the parties' general implementation of this Agreement (such as MISO-Required Information, reports, meeting notices, etc.) may be exchanged by the parties by electronic means or any other manner mutually acceptable to the parties. Section 903. Arbitration. In the event that a dispute arises between the parties as to the interpretation or performance of this Agreement, then upon written request of either party, representatives with settlement authority for each party shall meet in person and confer in good faith to resolve the dispute. Any dispute under this Agreement may be submitted to arbitration at the request of either CMMPA or the Participant provided that the other party agrees. Copies of any such request shall be given to the other Participants and shall specify the issue or issues in dispute. Within ten days afrer receipt of such a request CMMPA and the Participant shall confer and attempt to agree upon appointment of a single arbitrator. If such agreement is not accomplished, CMMPA or the Participant may request the American Arbitration Association to appoint an arbitrator. The arbitrator shall conduct a hearing within thirty days thereafrer, unless such time is extended by agreement of CMMPA and the Participant, shall notify the parties of his or her decision, stating his or her reasons for such decision, in writing, and separately listing his or her findings of fact and conclusions of law. The arbitrator shall not have power to amend, add to, or remove provisions from this Agreement. Subject to such limitation, the decision of the arbitrator shall be final and binding on CMMPA and the Participant except that either party may exercise available statutory rights under Minnesota law to petition a court of competent jurisdiction for review of the arbitrator's decision. The pendency of arbitration shall affect neither the obligation of a party to make any payment in full when due under this Agreement nor the obligations of this Agreement upon the failure of a party to make any payment in full when due under this Agreement. The prevailing party of a disputed matter shall be entitled to recover from the other party its reasonable legal fees and other costs of arbitration and court proceedings. 39