5.3. ERMU SR 12-11-2007 - Laserfiche WebLink

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ARTICLE 9. TESTING. Customer shall test the start-up and operation of the Customer Generator for at least a 15 minute period during each month of the term of this Agreement. ARTICLE 10. INSPECTION. ERMU shall have the right at all reasonable times to enter upon Customer premises to inspect the Customer Generator, collateral equipment, and metering equipment, and to remove the metering equipment upon the termination of this Agreement. ARTICLE 11. GENERATING EQUIPMENT MAINTENANCE. Customer shall be solely responsible for the maintenance, repair, and replacement of the Customer Generator and collateral equipment. Customer shall not take Customer Generator out of service for scheduled maintenance during December, January, February, June, July or August in any year during the term of this Agreement. At other times, Customer shall give ERMU not less than thirty (30) days notice prior to taking the Customer Generator out of service for scheduled maintenance. ARTICLE 12. TERMINATION. ERMU or Customer may terminate this Agreement by giving not less than six (6) months written notice to the other party. In the event of two consecutive failures of Customer to perform the obligations set forth in Articles 4, 5, and 8 of this Agreement during any calendar year, ERMU may terminate the Agreement upon fourteen (14) days written notice to Customer prior to the termination date. This Agreement shall terminate immediately in the event Customer terminates its service from ERMU. ARTICLE 13. NOTICES. All startup notices shall be made by Internet. Written notices pursuant to this Agreement shall be conveyed by first class mail, postage prepaid to Customer and ERMU at the following addresses: To Customer: Company name Address Attention Telephone number To ERMU: Elk River Municipal Utilities PO Box 430 Elk River, MN 55330 Attention: Bryan Adams Phone number 612/441-2020 Notification of change of address, contact person, or telephone number must be made by similaz written notice. ARTICLE 14. HEADINGS. The headings used in the Agreement are for convenience only and shall not be deemed to constitute a part hereof, and shall not be deemed to limit, characterize or in any way affect the provisions of the Agreement.