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ELECTRIC SERVICE TERRITORY AGREEMENT <br /> This agreement ("Agreement"), made and entered into the °6day of <br /> frigte/A , 2015 by and between Elk River Municipal Utilities, a municipal <br /> utility duly organized and existing under the laws of the State of Minnesota ("Municipal") <br /> and Connexus Energy, a rural electric cooperative organized and existing under the <br /> laws of the State of Minnesota ("Cooperative"), individually or collectively referred to as <br /> a "Party" or the "Parties." <br /> WHEREAS, the laws of the State of Minnesota, namely Minnesota Statutes §§ <br /> 216B.37-216B.47, provide the terms and conditions under which a municipal utility may <br /> extend retail electric service throughout the corporate limits of the city, as well as <br /> authorize and permit electric utilities to define and revise their electric service territories <br /> by their written consent and agreement; <br /> WHEREAS, the City of Elk River, working with the Municipal, has extended <br /> sewer and water service, at considerable public expense, to certain areas within the city <br /> limits, and the Municipal and the City Council have passed resolutions seeking to <br /> provide electric service to all residents and businesses in the city limits; and <br /> WHEREAS, the Parties have a long history of reaching amicable agreements to <br /> transition electric service territory to the Municipal; and <br /> WHEREAS, the Parties desire to provide stability and reliability of service to the <br /> Parties' respective customers and members, and to support long-term planning for <br /> resources, power supply, and customer service; and <br /> WHEREAS, the Parties have negotiated a mutual settlement and wish to avoid <br /> litigation regarding compensation for such electric service territory matters, and <br /> acknowledge that this mutual agreement will not necessarily reflect the position of the <br /> 50 <br />