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2.8. ERMUSR 05-14-2019
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2.8. ERMUSR 05-14-2019
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5/10/2019 12:09:04 PM
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ERMUSR
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5/14/2019
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16. This contract becomes effective as soon as it is signed by the QF and the Utility. <br /> This contract will remain in force until either the QF or the Utility gives written notice <br /> to the other that the contract is canceled. This contract will be canceled thirty (30) <br /> days after notice is given. If the listed electric generating facilities are not <br /> interconnected to the Utility's distribution system within twelve months of the <br /> contract being signed by the QF and the Utility, the contract terminates. The QF <br /> and the Utility may delay termination by mutual agreement. <br /> 17. Neither the QF nor the Utility will be considered in default as to any obligation if the <br /> QF or the Utility is prevented from fulfilling the obligation due to an act of God, labor <br /> disturbance, act of public enemy, war, insurrection, riot, fire, storm or flood, <br /> explosion, breakage or accident to machinery or equipment, an order, regulation or <br /> restriction imposed by governmental, military or lawfully established civilian <br /> authorities, or other cause beyond the QF's or Utility's control. However, the QF or <br /> Utility whose performance under this contract is hindered by such an event shall <br /> make all reasonable efforts to perform its obligations. <br /> 18. This contract can only be amended or modified by mutual agreement in writing <br /> signed by the QF and the Utility. <br /> 19. The OF must notify the Utility prior to any change in the electric generating <br /> facilities' capacity size or generating technology according to the interconnection <br /> process adopted by the Utility. <br /> 20. Termination of this contract is allowed (i) by the QF at any time without restriction; <br /> (ii) by Mutual Agreement between the Utility and the QF; (iii) upon abandonment or <br /> removal of electric generating facilities by the QF; (iv) by the Utility if the electric <br /> generating facilities are continuously non-operational for any twelve (12) <br /> consecutive month period; (v) by the Utility if the QF fails to comply with applicable <br /> interconnection design requirements or fails to remedy a violation of the <br /> interconnection process; or (vi) by the Utility upon breach of this contract by the QF <br /> unless cured with notice of cure received by the Utility prior to termination. <br /> 21. In the event this contract is terminated, the Utility shall have the rights to disconnect <br /> its facilities or direct the QF to disconnect its generating facilities. <br /> 22. This contract shall continue in effect after termination to the extent necessary to <br /> allow either the Utility or the QF to fulfill rights or obligations that arose under the <br /> contract. <br /> 23. Transfer of ownership of the generating facilities shall require the new owners and <br /> the Utility to execute a new contract. Upon the execution of a new contract with the <br /> new owners this contract shall be terminated. <br /> 78 <br />
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