3.4. ERMUSR 04-10-2012 - Laserfiche WebLink

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GREAT RIVER ENERGY® 12300 Elm Creek Boulevard Maple Grove, Minnesota 55369-4716 763-445-5000 Fax 763-445-5050 • www.GreatRiverEnergy.com March 29, 2012 Mr. Troy Adams Utilities Director Elk River Municipal Utilities 13069 Orono Parkway, P.O. Box 430 Elk River, MN 55330-0430 Dear Troy: The purpose of this letter is to extend both the notice provision for termination and the termination date in the current contract under which Great River Energy (GRE) purchases the capacity and energy available from the diesel generation units owned by Elk River Municipal Utilities (ERMU). Our goal is to provide a short additional period of time to work together towards mutually agreeable pricing terms for the next contract term beginning on January 1, 2013. The current contract, as amended on October 30, 2003, is in effect on an "evergreen" basis. Annually, each party has the right to terminate by providing written notice to the other no later than April 1 of a given year to terminate the agreement on October 31 of the same year. The goal of this letter is to provide for a one time extension of both the 2012 notice date and 2012 termination date. By returning one copy of this letter, signed by you and Jon Brekke, the following amendment to the existing agreement will take effect immediately. 1. Section 1 of the amendment to the contract dated October 30, 2003 is amended to provide that for 2012, the termination date will change to December 31 and the notice of termination date is extended until June 1. Either ERMU or GRE may provide the other party notice, no later than June 1, 2012, terminating the contract effective on December 31, 2012. 2. All other terms and conditions of the contract, as amended, will remain in effect as currently written. Sincerely, GREAT RIVER ENERGY Jon ~ rekke Vice President, Member Services ELK RIVER MUNICIPAL UTILITIES Troy Rdams Utilities Director A Touchsrone Energy Coopera[ive ~(.~ Contains 100 % post consumer waste