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2.4. ERMUSR 09-08-2015
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2.4. ERMUSR 09-08-2015
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9/22/2015 11:52:05 AM
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City Government
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ERMUSR
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9/8/2015
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event of a conflict between an exhibit and the terms of this Agreement, the Agreement <br /> shall govern. <br /> 6.4 The Parties acknowledge that this Agreement is the result of arms length <br /> negotiations between the Parties, each taking into consideration the costs and risks of <br /> litigation otherwise required to resolve the matters addressed in this Agreement. This <br /> Agreement does not reflect the position of either the Party as to the appropriate <br /> application of the law determining electric service territory rights or compensation in <br /> such matters. For any electric service territory matters between the Parties not <br /> governed by this Agreement, the Agreement shall not act as precedent in the <br /> determination of compensation, if any be due. <br /> Article 7: Alternative Dispute Resolution <br /> 7.1 In the event that a dispute arises between the Parties as to the <br /> interpretation or performance of this Agreement, then upon written request of either <br /> Party, representatives with settlement authority for each Party shall meet in person and <br /> confer in good faith to resolve the dispute. If the Parties are unable to resolve the <br /> dispute, they shall make every effort to settle the dispute through mediation or other <br /> alternative dispute resolution methods. If the Parties are unable to resolve the dispute <br /> through these methods, either Party may commence an action either in the District <br /> Court of the county in which the service territory is located or in the Public Utilities <br /> Commission. The Transfer Date is not affected by any dispute or action to determine <br /> compensation. <br /> Article 8: General Terms and Conditions <br /> 8.1 Any notice permitted or required by this Agreement shall be made in <br /> writing by letter, electronic mail, personal service, facsimile, or other documentary form <br /> 12 <br /> 61 <br />
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