2.4 ERMUSR 06-13-2017 - Laserfiche WebLink

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Agreement does not represent any binding or legal precedent on any party in any such other matter. 6. Request for Commission Approval of the Agreement. Upon execution of this Agreement by all Parties, the Parties will prepare and file a Joint Petition under Minn. Stat. § 216B.39, subd. 3 to the Minnesota Public Utilities Commission (MPUC) by the Parties to modify the assigned service territory to reflect the mutual transfer of assigned service areas according to section 1 above. The Parties will exercise any and all lawful efforts reasonable and necessary to respond to any questions, communicate with customers, and to and assure the transfer of the affected service areas. The Parties will also cooperate in sending in any required notices to affected customers regarding the MPUC proceeding. If the Commission, Department of Commerce, or Office of Energy Security raises any question or challenges any provision of this Agreement, its exhibits, 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 approval. If for any reason the Commission refuses to recognize any service territory change described in Article 1, the Exchange shall be null and void. 7. Miscellaneous. (a) Entire Agreement and Modification. This Agreement (including recitals and exhibits hereto) contains the entire agreement and understandings of the Parties hereto regarding the scope of the Agreement and compensation for the service areas. All previous communications, or agreements, between the Parties hereto, either verbal or written, with reference to the subject matter of this Agreement are hereby abrogated. No amendment, modification or waiver of, or consent with respect to any provision of this Agreement shall be effective unless the same shall be in writing and signed by duly appointed representatives of all Parties and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Headings are provided for convenience and are not part of this Agreement. (b) Binding; Assignment. This Agreement shall inure to the benefit of the Parties hereto and shall be binding on them and their respective legal representatives, successors, and assigns. Provided, however, neither 3 40