4.1. ERMUSR 12-17-2019 - Laserfiche WebLink

Home Browse Search

16.This contract becomes effective as soon as it is signed by the QF and the Utility. This contract will remain in force until either the QF or the Utility gives written notice to the other that the contract is canceled. This contract will be canceled thirty (30) days after notice is given.I f the listed electric generating facilities are not contract being signed by the QF and the Utility, the contract terminates. The QF and the Utility may delay termination by mutual agreement. 17.Neitherthe QF nor the Utility will be considered in default as to any obligation if the QF or the Utility is prevented from fulfilling the obligation due to an act of God, labor disturbance, act of public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, an order, regulation or restriction imposed by governmental, military or lawfully established civilian Utility.However, the QF or Utility whose performance under this contract is hindered by such an event shall make all reasonable efforts to perform its obligations. 18.This contract can only be amended or modified by mutual agreement in writing signed by the QF and the Utility. 19.The QF must notify the Utility prior to any change in the electric generating process adopted by the Utility. 20.Termination of this contract is allowed (i) by the QF at any time without restriction; (ii) by Mutual Agreement between the Utilityand the QF; (iii) upon abandonment or removal of electric generating facilities by the QF; (iv) by the Utility if the electric generating facilities are continuously non-operational for any twelve (12) consecutive month period; (v) by the Utilityif the QF fails to comply with applicable interconnection design requirements or fails to remedy a violation of the interconnection process; or (vi) by the Utility upon breach of this contract by the QF unless cured with notice of cure received by the Utility prior to termination. 21.In the event this contract is terminated, the Utility shall have the rights to disconnect its facilities or direct the QF to disconnect its generating facilities. 22.This contract shall continue in effect after termination to the extent necessary to allow either the Utility or the QF to fulfill rights or obligations that arose under the contract. 23.Transfer of ownership of the generating facilities shall require the new owners and the Utility to execute a new contract. Upon the execution of a new contract with the new owners this contract shall be terminated. 88