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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
type
ERMUSR
date
5/10/2011
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Transmission Owner Services and Asset Assignment Agreement <br />ARTICLE 1 <br />DEFINITIONS <br />Section 101. Term. <br />(a) This Agreement shall take effect on the Initial Effective Date and remain in effect <br />until terminated in accordance with Section 206 or Section 309. The "Initial <br />Effective Date" shall be the earliest to occur of: <br />(i) the date specified on an executed form of Exhibit B to this Agreement (if <br />any), with execution evidenced by the authorized signatures of CMMPA <br />and the Participant on such Exhibit B; <br />(ii) the effective date of the CMMPA-Participant Brookings Transmission <br />Project Agreement; <br />(iii) the effective date of a CMMPA-Participant Transmission Project <br />Agreement other than the CMMPA-Participant Brookings Transmission <br />Project Agreement; or <br />(iv) the date specified in a written notice delivered to the Participant by <br />CMMPA stating that this Agreement shall become effective with respect <br />to Revenues related to recovery of construction work in progress (CWIP) <br />or other development cost related to the Brookings Transmission Project <br />or another CMMPA-Owned Transmission Project. <br />(b) If the Initial Effective Date is established pursuant to clause (iv) of <br />Section 101(a), then: <br />(i) any development rights of the Participant with respect to the Brookings <br />Transmission Project or such other CMMPA-Owned Transmission Project <br />as may be identified in CMMPA's notice to the Participant are assigned to <br />CMMPA as of the Initial Effective Date; <br />(ii) those terms of this Agreement that become effective as of the Initial <br />Effective Date shall apply to Revenues received by CMMPA after the <br />Initial Effective Date, even if such Revenues relate to periods preceding <br />the Initial Effective Date; <br />(iii) the provisions of Article 2 and Article 3 of this Agreement shall not take <br />effect until subsequently made effective pursuant to the terms of <br />Section 202 or 302, as applicable; <br />(iv) all other provisions of this Agreement, exclusive of Sections 503 and 504 <br />shall become effective as of the Initial Effective Date; <br />(v) Section 503 shall become effective concurrently with the date on which <br />Article 2 becomes effective; and <br />(vi) Section 504 shall become effective concurrently with the date on which <br />Article 3 becomes effective. <br />3 <br />
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