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2.5a ERMUSR 02-13-2024
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2.5a ERMUSR 02-13-2024
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7/31/2024 9:22:41 AM
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2/12/2024 12:16:01 PM
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City Government
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ERMUSR
date
2/13/2024
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accordance with procedures in the rules it adopts implementing Minnesota Statutes <br />Section 21613.164, pursuant to subdivision 9 thereunder. <br />16. This contract becomes effective as soon as it is signed by the Customer and the <br />Utility. This contract will remain in force until either the Customer or the Utility gives <br />written notice to the other that the contract is canceled. This contract will be <br />canceled thirty (30) days after notice is given. If the listed electric generating <br />facilities are not interconnected to the Utility's distribution system within twelve <br />months of the contract being signed by the Customer and the Utility, the contract <br />terminates. The Customer and the Utility may delay termination by mutual <br />agreement. <br />17. Neither the Customer nor the Utility will be considered in default as to any <br />obligation if the Customer or the Utility is prevented from fulfilling the obligation due <br />to an act of nature, labor disturbance, act of public enemy, war, insurrection, riot, <br />fire, storm or flood, explosion, breakage or accident to machinery or equipment, an <br />order, regulation or restriction imposed by governmental, military or lawfully <br />established civilian authorities, or other cause beyond the Customer's or Utility's <br />control. However, the Customer or Utility whose performance under this contract is <br />hindered by such an event shall make all reasonable efforts to perform its <br />obligations. <br />18. This contract can only be amended or modified by mutual agreement in writing <br />signed by the Customer and the Utility. <br />19. The Customer must notify the Utility prior to any change in the electric generating <br />facilities' capacity size or generating technology according to the interconnection <br />process adopted by the Utility. <br />20. Termination of this contract is allowed (i) by the Customer at any time without <br />restriction; (ii) by Mutual Agreement between the Utility and the Customer; (iii) upon <br />abandonment or removal of electric generating facilities by the Customer; (iv) by <br />the Utility if the electric generating facilities are continuously non -operational for <br />any twelve (12) consecutive month period; (v) by the Utility if the Customer fails to <br />comply with applicable interconnection design requirements or fails to remedy a <br />violation of the interconnection process; or (vi) by the Utility upon breach of this <br />contract by the Customer unless cured with notice of cure received by the Utility <br />prior to termination. <br />21. In the event this contract is terminated, the Utility shall have the rights to disconnect <br />its facilities or direct the Customer to disconnect its generating facilities. <br />22. This contract shall continue in effect after termination to the extent necessary to allow <br />either the Utility or the Customer to fulfill rights or obligations that arose under the <br />contract. <br />4 <br />60 <br />
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