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4.1. ERMUSR 12-17-2019
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4.1. ERMUSR 12-17-2019
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12/19/2019 3:57:01 PM
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12/17/2019
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SCHEDULE 2 - STANDARD CONTRACTS <br />19.6.This indemnification obligation shall apply notwithstanding any negligent or <br />intentional acts, errors or omissions of the Indemnified Party, but the Indemnifying <br />the percentage by which the Indemnif <br />or omissions caused damaged. <br /> <br />19.7.Neither Party shall be indemnified for its damages resulting from its sole negligence, <br />intentional acts or willful misconduct. These indemnity provisions shall not be <br />construed to relieve any insurer of its obligation to pay claims consistent with the <br />provisions of a valid insurance policy. <br /> <br />20Consequential Damages <br />20.1.Other than as expressly provided for in this Agreement, neither Party shall be liable <br />under any provision of this Agreement for any losses, damages, costs or expenses for <br />any special, indirect, incidental, consequential, or punitive damages, including but not <br />limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost <br />of temporary equipment or services, whether based in whole or in part in contract, in <br />tort, including negligence, strict liability, or any other theory of liability; provided, <br />however, that damages for which a Party may be liable to the other Party under <br />another agreement will not be considered to be special, indirect, incidental, or <br />consequential damages hereunder. <br /> <br />21Force Majeure <br />21.1.If a Force Majeure Event prevents a Party from fulfilling any obligations under this <br />Agreement, the Party affected by the Force Majeure Event (Affected Party) shall <br />promptly notify the other Party, either in writing or via the telephone, of the <br />existence of the Force Majeure Event. The notification must specify in reasonable <br />detail the circumstances of the Force Majeure Event, its expected duration, and the <br />steps that the Affected Party is taking to mitigate the effects of the event on its <br />performance. The Affected Party shall keep the other Party informed on a continuing <br />basis of developments relating to the Force Majeure Event until the event ends. The <br />Affected Party will be entitled to suspend or modify its performance of obligations <br />under this Agreement (other than the obligation to make payments) only to the <br />extent that the effect of the Force Majeure Event cannot be mitigated by the use of <br />Reasonable Efforts. The Affected Party will use Reasonable Efforts to resume its <br />performance as soon as possible. <br /> <br />Municipal Minnesota Interconnection Agreement _ January 2019 14 <br /> <br />114 <br />
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