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AGREEMENT RESOLVING DISPUTE UNDER ELECTRIC SERVICE TERRITORY <br /> AGREEMENT ENTERED INTO ON MARCH 20,2015 <br /> This Agreement (the "Agreement") is made and entered as of January 31, 2017, by and <br /> between Elk River Municipal Utilities and Connexus Energy. The Parties, after having been <br /> fully advised on the issues, completed the alternative dispute resolution process stated in the <br /> Electric Service Territory Agreement entered into on March 20, 2015 (the "2015 Agreement"). <br /> The Parties have reached a compromise agreement with respect to loss of revenue payments for <br /> certain existing commercial properties following the Transfer Date, and desire to set forth the <br /> terms of their agreement. <br /> NOW THEREFORE, in consideration of the premises and of the mutual covenants contained <br /> herein,the sufficiency of which is acknowledged,the Parties agree as follows: <br /> 1. The loss of revenue base rate of$0.01 per kWh (as described in Section 2.5 of the 2015 <br /> Agreement) shall apply to the electric load associated with accounts 1-3 listed on Exhibit <br /> A: Morrell Trucking,GATR Volvo Truck Center, and Sportech(at 168th Circle). <br /> 2. The loss of revenue base rate of'$0.022 per kWh (as described in Section 2.3(b) of the <br /> 2015 Agreement) shall apply to the electric load associated with the six remaining <br /> accounts (4-9) listed on Exhibit A: Preferred Powder Coating, Alliance Machine, <br /> Medical Intrusion (Suite 1 and Suite 2), Crystal Distribution Inc., and Sportech (at 175th <br /> Avenue). <br /> 3. The 2015 Agreement remains in full force and effect. Any capitalized terms that are not <br /> defined in this Agreement shall have the meaning provided in the 2015 Agreement. <br /> 4. This Agreement does not address any properties or electrical load outside of those listed <br /> in Exhibit A. <br /> 5. This Agreement may be executed in counterpart copies by the Parties and each <br /> counterpart, when taken together with the other, shall be deemed one and the same <br /> executed Agreement. <br /> 6. By executing this Agreement, the Parties acknowledge that they: a) enter into this <br /> Agreement knowingly, voluntarily and freely, b) have had an opportunity to consult an <br /> attorney before signing this Agreement, and c)have not relied upon any representation or <br /> statement not set forth herein. <br /> 2047545.v1 <br /> 64 <br />