5.4. ERMUSR 02-20-2007 - Laserfiche WebLink

Home Browse Search

BROOHINGS-TWIN CITIES DEVELOPMENT PROJECT AGREEMENT respect to Open Participants, Monthly Development Project Costs shall exclude certain debt related costs as set forth in Attachment 4A of this Agreement. (ab) "Non-Debt Related Monthly Development Project Costs" means all other Monthly Development Project Costs other than CMMPA Debt Related Monthly Development Project Costs that shall include, but not be limited to, those costs so identified in Attachment 4A of this Agreement. (ac) "Open Participant" means a Participant that does not participate in CMMPA financing of the Development Project. (ad) "Participant" means each entity that is specified in Attachment 3 hereto, and which enters into aBrookings-Twin Cities Development Project Agreement, collectively, the "Participants" and shall include Agency Participants and Open Participants. (ae) "Participant Election Share" and "Election Share" mean, with respect to a Participant, that percentage set forth for such Participant in Attachment 3 hereto representing the Participant's percentage share for which it may elect in the future to participate in the Project pursuant to Section 2 of this Agreement. The Participant Election Share is subject to adjustment pursuant to Section 802 of this Agreement and pursuant to any other adjustments set forth in Attachment 3 to this Agreement. (af) "Prudent Utility Practice" at a particular time means any practices, methods and acts (including but not limited to the practices, methods and acts engaged in or approved by a significant portion of the electrical utility industry prior thereto) which, in the exercise of reasonable judgment in the light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at the lowest reasonable cost consistent with good business practices, reliability, safety and expedition. Prudent Utility Practice shall apply not only to functional parts of the Project but also to appropriate structures, landscaping, painting, signs, lighting, or facilities and public relations programs reasonably designed to promote public enjoyment, understanding and acceptance of the Project. Prudent Utility Practice is not intended to be limited to the optimum practice, method or act, to the exclusion of all others, but rather to be a spectrum of possible practices, methods or acts. In evaluating whether any matter conforms to Prudent Utility Practice, the parties shall take into account (i) the fact that CMMPA is a body politic and corporate and a political subdivision under the laws of the State of Minnesota, with the statutory duties and responsibilities thereof, and (ii) in the case of any joint facility, the applicable ownership or participation agreement between the owners or participants of the facility. (ag) "Taxable Bonds" means Bonds the interest on which is not excluded from gross income for federal income tax purposes. (ah) "Tax-Exempt Bonds" means Bonds the interest on which is excluded from gross income for federal income tax purposes. (ai) "Transmission Project" means the project described in Attachment 1. C:\Documents and Settings\Bryan\Local Settings\Temporary Internet Files\OLK53\Cap X Brookings 2-12-07 ~ 2 clean.doc