2.4. ERMUSR 09-08-2015 - Laserfiche WebLink

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Article 3: Filinos 3.1 In connectio 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 Municipa I shall file the Parties' joint request, under Minn. Stat. § 216B.39, subd. 3, legally d-scribing and depicting the Affected Area(s), and requesting that the Minnesota Public Utilities Commission ("MPUC") modify the service territory boundary and recognize the service territory transfer. Notice and a copy thereof shall be provided by the Municip:l to the Cooperative not less than ten (10) days before filing with the MPUC. Unless r-quired more often by law, the Municipal may make such filings on an annual basi . If the service territory boundary modification procedure described in this Section materially changes in the law, the Parties will follow the process provided by law. 3.3 If the MPUC, Department of Commerce, the Office of Energy Security, or any other person raises an question or challenges any provision of this Agreement, a service territory transfer •ntemplated under this Agreement, or the due performance thereof, the Parties shall a-ch, 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 Articl: 1, the Cooperative shall return any payments made by the Municipal pursuant to Articl 2, upon demand by the Municipal. 3.4 The Parties .gree that Cooperative indebtedness to the Rural Utilities Services or any other Cooperative lender or party (collectively "RUS") shall not prevent the Parties' performing and-r this Agreement. To the extent that approval of RUS may be necessary for complet ng the transfer of service rights under this Agreement, 9 58