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4.3. ERMUSR 05-10-2011
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4.3. ERMUSR 05-10-2011
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5/10/2011 3:36:31 PM
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5/10/2011 11:25:24 AM
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City Government
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ERMUSR
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5/10/2011
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Transmission Owner Services and Asset Assignment Agreement <br />energy infrastructure information" (as defined in 18 C.F.R. § 388.113(c)(1) or any <br />successor provision) of CMMPA or any other Person, the Participant shall comply <br />with all applicable requirements of 18 C.F.R. Part 388 pertaining to the critical <br />energy infrastructure information. <br />Section 910. Relationship to Other Instruments. <br />The Participant and CMMPA acknowledge and agree that CMMPA, in the provision of <br />Transmission Owner Services, is bound by and must comply with the requirements of <br />Applicable Law, all Upstream Project Agreements, the CMMPA-Participant <br />Transmission Project Agreements, the MISO-Related Documents, the Funds Trust <br />Agreement, the Transmission Owner Agreements, and all licenses, permits and <br />regulatory oversight and approvals necessary for the provision of Transmission Owner <br />Services ("Other Instruments"). The Participant and CMMPA therefore agree that this <br />Agreement is subject to the terms and provisions of such Other Instruments, as they may <br />be amended or supplemented from time to time. Consistent with this Agreement, the <br />Upstream Project Agreements, the CMMPA-Participant Transmission Project <br />Agreements, the MISO-Related Documents, the Funds Trust Agreement, and the <br />Transmission Owner Agreements, CMMPA shall take such actions as it determines in <br />good faith are necessary or appropriate to seek to enforce its rights under the Upstream <br />Project Agreements, the CMMPA-Participant Transmission Project Agreements, the <br />MISO-Related Documents, the Funds Trust Agreement, and the Transmission Owner <br />Agreements. <br />Section 911. Duly Authorized Signatories; Binding Effect of Execution. <br />Each of CMMPA, as to its signatory, and the Participant, as to its signatory, hereby <br />represents and warrants that the individual executing this Agreement on its behalf is duly <br />authorized to do so, and that, by such execution set forth on the signature page to this <br />Agreement, such party is hereby duly and lawfully bound by this Agreement. <br />Section 912. Entire Agreement. <br />This Agreement, together with the CMMPA-Participant Transmission Project <br />Agreements, and subject to the remaining Other Instruments and other documents <br />specifically referenced by this Agreement, constitutes the entire agreement of the parties <br />with respect to its subject matter, and supersedes all prior oral or written agreements, <br />understandings, representations and warranties, and courses of conduct and dealings <br />between the parties with respect to its the subject matter. For the avoidance of doubt, the <br />provisions of Sections 905 and 908 shall apply to all provisions of this Agreement, <br />including Exhibits and Attachments. <br />42 <br />
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