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SCHEDULE 2-STANDARD CONTRACTS <br /> 15.4.2. The letter of credit must be issued by a financial institution or insurer <br /> reasonably acceptable to the Area EPS Operator and must specify a <br /> reasonable expiration not sooner than sixty (60) Business Days (three <br /> calendar months) after the due date for the issuance of the final bill. <br /> 16 Assignment, Force Majeure, Consequential Damages, and Default <br /> 16.1. This Agreement may be assigned by either Party upon 15 Business Days prior written <br /> notice and opportunity to object by the other Party; provided that: <br /> 16.1.1. Either Party may assign this Agreement without the consent of the other <br /> Party to any affiliate of the assigning Party with an equal or greater credit <br /> rating and with the legal authority and operational ability to satisfy the <br /> obligations of the assigning Party under this Agreement, provided that the <br /> Interconnection Customer promptly notifies the Area EPS Operator of any <br /> such assignment. <br /> 16.1.2. Interconnection Customer shall have the right to assign this Agreement, <br /> without the consent of the Area EPS Operator, for collateral security <br /> purposes to aid in providing financing for the Distributed Energy Resource, <br /> provided that the Interconnection Customer will promptly notify the Area <br /> EPS Operator of any such assignment. <br /> 16.1.3. Any attempted assignment that violates this article is void and ineffective. <br /> Assignment shall not relieve a Party of its obligations, nor shall a Party's <br /> obligations be enlarged, in whole or in part, by reason thereof. An assignee <br /> is responsible for meeting the same financial, credit, and insurance <br /> obligations as the Interconnection Customer. Where required, consent to <br /> assignment will not be unreasonably withheld, conditioned or delayed. <br /> 17 Limitations of Liability <br /> 17.1. Each Party's liability to the other Party for any loss, cost, claim, injury, liability, or <br /> expense, including reasonable attorney's fees, relating to or arising from any act or <br /> omission in its performance of this Agreement, shall be limited to the amount of <br /> direct damage actually incurred. In no event shall either Party be liable to the other <br /> Party for any indirect, special, consequential, or punitive damages, except as <br /> authorized by this Agreement. <br /> Municipal Minnesota Interconnection Agreement_January 2019 12 <br /> 103 <br />