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If Customer Generator fails to perform for the specified length of time of the control <br /> period in any calendar month a$5.00/kW demand assessment may be incurred by <br /> Customer. The Customer will not receive the monthly credit for that month or any <br /> succeeding months until performance has been demonstrated to the satisfaction of <br /> ERMU personnel. If Customer Generator fails to perform more than two times in <br /> any calendar year, ERMU reserves the right to terminate this Agreement as <br /> indicated in Article 12. <br /> Section 2: ERMU has no obligation to Customer for fuel used during either <br /> requested run times up to and including 80 hours annually, or during required <br /> monthly tests. In the event more than 80 hours of run time per annum is required <br /> of the Customer Generator by ERMU, Customer will be reimbursed for fuel used. <br /> That reimbursement will be based on the current cost of diesel fuel converted to a <br /> cost per kilowatt-hour as determined by ERMU's wholesale power supplier. ERMU <br /> has no obligation to Customer for maintenance costs, repair costs, or replacement <br /> costs of Customer Generator or auxiliary equipment. <br /> Section 3: Compensation to Customer pursuant to Article 7, Section 1 above <br /> shall be paid as a credit applied to Customer's monthly electric bill from ERMU, <br /> and shall not be paid to Customer in cash. That monthly credit shall be determined <br /> by multiplying the Customer Generator output in kW times .95 or Customer <br /> coincidental peak demand in kW (which ever is less), by the appropriate seasonal <br /> rate in effect for that month. That kW demand will be derived from either(1) <br /> metering (2) or in the case of meter failure, from billing history. <br /> ARTICLE 8. MAXIMUM HOURS OF REQUESTED OPERATION. Except as <br /> otherwise agreed upon in writing, ERMU shall not request Customer to operate Customer <br /> Generator more than 10 hours per day and not more than 300 hours per calendar year. <br /> ARTICLE 9. METERING. Appropriate electronic demand and energy metering <br /> equipment will be installed and maintained by ERMU in such a manner that it records <br /> energy and demand on a 15 minute interval basis with regard to Customer's load. <br /> Customer shall provide access to a telephone line for remote meter reading and notification. <br /> Customer shall pay $ per month customer charge to compensate ERMU for special <br /> metering and additional administrative costs. ERMU reserves the right to install additional <br /> metering to measure Customer Generator output directly. <br /> ARTICLE 10. TESTING. Customer shall test the start-up and operation of the <br /> Customer Generator for at least a 15 minute period during each month of the term of this <br /> Agreement. <br /> ARTICLE 11. INSPECTION. Upon approval from Customer, ERMU shall have the <br /> right at all reasonable times to enter upon Customer premises to inspect the Customer <br /> Generator, collateral equipment, and metering equipment, and to remove the metering <br /> equipment upon the termination of this Agreement. <br /> ARTICLE 11. GENERATING EQUIPMENT MAINTENANCE. Customer shall be <br /> solely responsible for the maintenance, repair, and replacement of the Customer Generator <br /> and collateral equipment. Customer shall not take non-redundant generation out of service <br /> for scheduled maintenance during December, January, February, June, July or August in <br /> 8 <br /> 138 <br />