3.4. SR 05-16-2011 - Laserfiche WebLink

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• Transmission Owner Services and Asset Assignment Agreement THIS AGREEMENT is executed by and between CMMPA and the undersigned Participant. Capitalized terms used in this preamble and in the recitals that follow have the meanings given in Section 102 of this Agreement. WHEREAS, CMMPA has duly executed an Agency Agreement originally executed on the 1St day of July, 1987, as restated on January 15, 1997, August 11, 2004, May 24, 2006, and January 13, 2010, as the same may be further amended and restated from time to time; and WHEREAS, CMMPA shall have all of the powers enumerated in the Act, including those in Section 453.54 thereof, and in the exercise thereof shall be deemed to be performing an essential governmental function and exercising a part of the sovereign powers of the State of Minnesota; and WHEREAS, the Participant and CMMPA executed the Development Project Agreement dated February 28, 2007 to facilitate CMMPA's pursuit of development activities related to the Brookings Transmission Project; and WHEREAS, CMMPA proposes to acquire the Brookings Transmission Project and may, in the future, acquire other CMMPA-Owned Transmission Projects; and WHEREAS, CMMPA and the Participant have executed, or are concurrently executing, • the CMMPA-Participant Brookings Transmission Project Agreement pursuant to which the Participant has purchased a Participant Capacity Rights Share (as such term is defined in the CMMPA-Participant Brookings Transmission Project Agreement); and WHEREAS, effective August 16, 2007, CMMPA became a MISO transmission owner to, among other things, facilitate payment to CMMPA on behalf of the Participants for their costs related to CMMPA-Participant Brookings Transmission Project Agreement, including returns on their investments, and to benefit CMMPA and the Participants, and therefore, in conjunction with executing CMMPA-Participant Brookings Transmission Project Agreement, the Participant must have previously executed (or concurrently execute) this Agreement to address the Brookings Transmission Project as it relates to the MISO and to address such matters as they may relate to future CMMPA-Owned Transmission Projects; and WHEREAS, CMMPA and the Participant desire to enter into this Agreement to facilitate (a) assignment to CMMPA, for the term of this Agreement, of (i) the Participant's Brookings Participation Rights Share, and (ii) the Participant's capacity rights or other participation interests in any additional CMMPA-Owned Transmission Projects; and (b) CMMPA's receipt of Revenues associated with (i) the Participant's Brookings Participation Rights Share, and (ii) the Participant's capacity rights or other participation interests in any additional CMMPA-Owned Transmission Projects; and (c) the allocation of such Revenues in accordance with the terms of this Agreement; and WHEREAS, CMMPA and certain Participants have executed the Transmission Facilities • Assignment Agreement dated April 2008, wherein the Participant transferred operational