5.4 ERMUSR 10-11-2005 - Laserfiche WebLink

Home Browse Search

I (b) Emergency Power. Emergency power service to the Project with 500 kilowatt, 600 amps, 3 phase, 4 wire, 480 volt service. This service will be available as of November 13, 2006. (c) New Primary Feed. A Primary Feed for power of 10.3 megawatts, 500 Iamps, 3 phase, 3 wire, 12,460 volt service. Municipal Utility will use its best efforts to provide the new Primary as soon as possible, but no later than November 13, 2006. The approximate location of the new Primary Feed is Idepicted on Exhibit B attached hereto. I 2. Down Time. Although Municipal Utility will use its best efforts to ensure the continuous operation of the new Primary Feed, Target acknowledges that supplying the Project with power from a single Primary Feed creates a risk that a substation failure, Icut line or other problem with the Primary Feed could result in Municipal Utilities inability to supply the desired 10.3 megawatts of power for an extended time. During any I time that the Primary Feed is down, Municipal Utility will only be able to supply approximately 2 megawatts of power to the Project from Municipal Utilities existing power system. Target acknowledges and accepts the risk of down time in the Primary I Feed and releases Municipal Utility from any claims arising from such down time except to the extent that Target would have such a claim under applicable law independent of this Agreement at law or in equity. RP 3. Cancellation Fees. Target acknowledges that Municipal Utility must order I the necessary equipment for the new Primary Feed and substation equipment immediately, and hereby agrees that if Target fails to construct the Project, then Target shall be responsible for the payment of fees actually incurred by Municipal Utility for I cancellation of those orders up to a maximum amount of One Hundred Fifty Thousand and No/100 Dollars ($150,000.00). I4. Cost of Electric Charges. Target and Municipal Utility hereby agree that Target shall pay for Electric Power as follows ("Electric Charges"): I (a) Commercial/Industrial Rates. Target shall pay the "Commercial/Industrial" rates as promulgated from time to time by I Municipal Utility in accordance with all applicable laws and regulations, with the exception set forth in Section 4(b) below. The current "Commercial/Industrial" rates are set forth on Exhibit C attached hereto. (b) Most Favored Nation. Municipal Utility agrees that Target shall not be I required to pay Electric Charges at a higher rate than that paid or which would be payable by any other customer of Municipal Utility, with the following exceptions: I