5.4. ERMUSR 02-20-2007 - Laserfiche WebLink

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BROOKINGS-TWIN CITIES DEVELOPMENT PROJECT AGREEMENT ARTICLE 1 TERM AND TERMINATION OF AGREEMENT; DEFINITIONS Section 101. Term and Termination This Agreement shall be effective upon: (i) execution and delivery of the Brookings- Twin Cities Development Project Agreements by CMMPA and each of the Participants listed on and having the Participant Election Shares specified on Attachment 3 hereto; and (ii) the effective date of the CapX 2020 Development Agreement. The initial term of this Agreement shall be five years from the date set forth on the front of the CapX 2020 Development Agreement. In the event Development Work is not completed at the end of the initial term, this Agreement shall automatically extend in one-year increments until Development Work has been completed. This Agreement shall terminate or may be terminated in accordance with Article 7 of this Agreement. Section 102. Definitions. As used herein: (a) "Act" means that certain 1976 Act of the Legislature of the State of Minnesota, compiled and published in Minnesota Statutes, Chapter 453, Sections 453.51 to 453.62, as the same has been heretofore or may be hereinafter amended. (b) "Additional Transmission Development Project" means a project in addition to the Project for which CMMPA undertakes development work. (c) "Additional Transmission Development Project Costs" mean all costs related to the study and development of an Additional Transmission Development Project, including, without limitation, costs of the type described in the definition of Development Project Costs. (d) "Agency Participant" means a Participant that finances the Development Project through CMMPA. (e) "Agreement" and "Brookings-Twin Cities Development Project Agreement" mean this Agreement with the Participant and all the Agreements, including this Agreement, entered into by CMMPA and the Participant, in each case as the same may be amended from time to time, including all Attachments to this Agreement, as any such Attachment may be revised and updated from time to time by CMMPA when necessary, and any substantially similar agreement entered into by CMMPA in connection with any transfer of any Participant's Election Share pursuant to Section 801(c) of this Agreement. (f) "Annual Budget" means the budget effective for any Contract Year pursuant to Section 401 of this Agreement which itemizes the estimated Monthly Development Project Costs and Monthly Development Project Capital Costs during a Contract Year, or, in the case of an amended Annual Budget, during the remainder of a Contract Year. C:\Documents and Settings\BryanlLocal Settings\Temporary Internet Files\OLK53\Cap X Brookings 2-12-07 clean.doc