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8.2. No Terminations by the City. The City shall not have the <br />right to terminate this Agreement without the consent of <br />MMPA. <br /> <br />8.3. Termination of Easement Upon Abandonment or Removal of <br />Wind Energy Facilities. This Agreement shall terminate if <br />MMPA ceases to use the Wind Energy Facilities to generate <br />electricity for a period of twelve (12) consecutive months, or <br />if the Wind Energy Facilities are abandoned or relocated <br />from the Property for a period of twelve (12) consecutive <br />months. <br /> <br />8.4. Removal of Wind Energy Facilities. In the event this <br />Agreement is terminated pursuant to Section 8, MMPA shall <br />remove the Wind Energy Facilities, including the wind <br />turbine and all related items, including foundations from the <br />Property, in accordance with Sections 5.3 and 6.5 of this <br />Agreement. <br /> <br />9. Arbitration. All disputes which in any manner arise out of or relate <br />to this Agreement or the subject matter hereof, shall be resolved in <br />the first instance amicably by meetings among members of <br />designated representatives of the City and MMPA. If such <br />meetings are unsuccessful, then such dispute shall be resolved <br />exclusively by arbitration pursuant to the rules and procedures of <br />the American Arbitration Association (the “AAA”) conducted in <br />Minnesota pursuant to the laws of the state of Minnesota. <br /> <br />10. Notices. All notices, requests, demands, waivers, approvals, <br />consents, and other communications required or permitted by this <br />Agreement shall be given in writing by personal delivery (confirmed <br />by courier delivery service), or facsimile, receipt confirmed, or first <br />class U.S. mail, postage prepaid, return receipt requested, certified, <br />addressed as follows: <br /> <br /> If to the City: If to MMPA: <br />City Administrator Minnesota Municipal <br />City of Elk River Power Agency <br />13065 Orono Parkway c/o Avant Energy Services, Inc. <br />Elk River, MN 55330 220 South Sixth St., Ste.1 300 <br />Minneapolis, MN 55402 <br /> <br />11. City’s Representation, Warranties, and Covenants. The City <br />hereby represents, warrants and covenants that the City has the <br />unrestricted right and authority and has taken all necessary action <br />to authorize the City to execute this Agreement and to grant to <br />9 <br /> <br />Doc# 3047489\\2 <br />154644225.1 <br /> <br />