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3. Execution of Agreements. The City will adopt and agree to the terms of the <br /> MMPA Agency Agreement and the City and MMPA shall simultaneously execute <br /> this Agreement and the new Power Sales Agreement. <br /> 4. Proper Authorizations. The City and MMPA shall each take all necessary steps to <br /> authorize and execute the documents necessary to implement the admission of the <br /> City as a member of MMPA. <br /> 5. Effective Date of Membership. The admission of the City as a member of <br /> MMPA shall become effective upon the date that the appropriate documents are <br /> filed with the Secretary of State of the State of Minnesota pursuant to the Agency <br /> Agreement. MMPA shall promptly cause the filing of said documents. <br /> 6. No Other Payments. Except for the Buy In,the City will not be liable to MMPA <br /> for any payments prior to the Start Date. The City will not be responsible for any <br /> assessments or Energy Adjustment Clause ("EAC") charges prior to the Start <br /> Date and will not have any rights to any EAC refunds or any other distributions <br /> made to MMPA members prior to the Start Date. <br /> IN WITNESS WHEREOF, the City of Elk River and the Minnesota Municipal Power <br /> Agency, through duly authorized officers, have signed this Agreement, effective upon the date <br /> first set forth above. <br /> MINNESOTA MUNICIPAL POWER AGENCY CITY OF ELK RIVER <br /> BY ITS UTILITIES COMMISSION <br /> By By <br /> Its Chairman Its Chair, Utilities Commission <br /> Attested: Attested: <br /> Date: Date: <br /> 2 <br />