6.1.f. ERMUSR 03-17-2015 - Laserfiche WebLink

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3/17 Draft: For presentation to Board Article 3: Filings 3.1 In connection with the transfer of electric service rights for an Affected Area pursuant to Article 1, the Cooperative consents and authorizes and the Municipal agrees that the Municipal shall file the Parties' joint request, under Minn. Stat. § 216B.39, subd. 3, legally describing and depicting the ted Area(s), and requesting that the Minnesota Public Utilities Commission ("..(0: ") modify the service territory boundary and recognize the service territory trar'`er. ®` - and a copy thereof shall be provided by the Municipal to the Coop jive not less than t.410) days before filing with the MPUC. Unless required more of(n by lar , the Munici � �y make such ///, filings on an annual basis. If th/ service territory boundary modifica ion procedure described in this Section materially chi roes in the'law, the Parties will follow the process provided by„law, /, 3.3 If the MPUC, Department of vo'mmerce, the Office of Energy Security, or any other person raises any question,/car challenges any provision of this Agreement, a service territory transfer:.-.conterrXplated under this Agreement, or the due performance thereof, the Parties shall each, at their,own expense, exercise any and all lawful efforts reasonable and'necessary to ;respond to said questions and to assure the transfer of service territory. If for any reason the MPUC refuses to recognize any service territory transfer described in Article 1, the Cooperative shall return any payments made by the Municipal pursuant to Article 2, upon demand by the Municipal. 3.4 The Parties agree that Cooperative indebtedness to the Rural Utilities Services or any other Cooperative lender or party (collectively "RUS") shall not prevent the Parties' performing under this Agreement. To the extent that approval of RUS may be necessary for completing the transfer of service rights under this Agreement, 9