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any year during the term of this Agreement. At other times, Customer shall give ERMU <br /> not less than thirty (30) days notice prior to taking the Customer Generator out of service <br /> for scheduled maintenance. <br /> ARTICLE 12. TERMINATION. ERMU or Customer may terminate this Agreement <br /> by giving not less than six (6)months written notice to the other party. In the event of two <br /> consecutive failures of Customer to perform the obligations set forth in Articles 4, 6, and 9 <br /> of this Agreement during any calendar year, ERMU may terminate the Agreement upon <br /> fourteen (14) days written notice to Customer prior to the termination date. This <br /> Agreement shall terminate immediately in the event Customer terminates its service from <br /> ERMU. <br /> ARTICLE 13. NOTICES. All startup notices shall be made by internet. Written <br /> notices pursuant to this Agreement shall be conveyed by first class mail,postage prepaid to <br /> Customer and ERMU at the following addresses: <br /> To Customer: Company name <br /> Address <br /> Attention <br /> Telephone number <br /> To ERMU: Elk River Municipal Utilities <br /> PO Box 430 <br /> Elk River, MN 55330 <br /> Attention: Troy Adams <br /> Phone number 612/441-2020 <br /> Notification of change of address, contact person, or telephone number must be made by <br /> similar written notice. <br /> ARTICLE 14. HEADINGS. The headings used in the Agreement are for convenience <br /> only and shall not be deemed to constitute a part hereof, and shall not be deemed to limit, <br /> characterize or in any way affect the provisions of the Agreement. <br /> ARTICLE 15. ENTIRE AGREEMENT. This Agreement contains all of the terms and <br /> conditions agreed upon by the parties hereto with respect to the subject matter of the <br /> Agreement, and no other promises, agreements or undertakings, written or oral, regarding <br /> the subject matter of this Agreement shall be of any force or effect. <br /> ARTICLE 16. MODIFICATIONS. No change, amendment or modification of any <br /> provision of the Agreement shall be valid unless it is in writing, dated subsequent to the <br /> date hereof, and signed by the parties hereto. <br /> IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day <br /> and year first above written. <br /> Elk River Municipal Utilities Customer (company name) <br /> By: <br /> (Utilities Director) By: <br /> 9 <br /> 139 <br />