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If Customer fails to interrupt load down to the PDL for the specified length of time <br /> of the control period in any calendar month a $5.00/kW demand penalty will be <br /> added to the Customers bill. The demand penalty will be determined using the <br /> maximum uncontrolled kW demand, defined as the highest hourly interval above <br /> the PDL recorded during all control periods in the billing month. The Customer <br /> will not receive the monthly credit for that month or any succeeding months until <br /> performance has been demonstrated to the satisfaction of ERMU personnel. If <br /> Customer fails to perform more than two times in any calendar year, ERMU <br /> reserves the right to terminate the Agreement. <br /> Approved Adopted May 20, 2014 <br /> Effective June 1, 2014 <br /> 89 <br />