5.4. ERMUSR 02-20-2007 - Laserfiche WebLink

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BROOKINGS-TWIN CITIES DEVELOPMENT PROJECT AGREEMENT (aj) "Uncontrollable Forces" mean any cause beyond the control of CMMPA which by the exercise of due diligence CMMPA is unable to prevent or overcome, including but not limited to, failure or refusal of any other person or entity to comply with then existing contracts with CMMPA or with a Participant, an act of God, fire, flood, explosion, strike, sabotage, pestilence, and act of the public enemy, civil and military authority including court orders, injunctions, and orders of governmental agencies with proper jurisdiction, insurrection or riot, and act of the elements, failure of equipment, or inability of CMMPA or any contractors engaged in work on the Development Project to obtain or ship materials or equipment because of the effect of similar causes on suppliers or carriers, or inability of CMMPA to sell or issue its Bonds. When possible, CMMPA shall act with reasonable dispatch to correct or limit the effect of uncontrollable force events. ARTICLE 2 CERTAIN OBLIGATIONS OF CMMPA AND PARTICIPANT Section 201. Transmission Project and Development Project; Payment Obligations; Additional Transmission Development Projects. (a) The proposed Transmission Project, the development of which constitutes the Development Project is described in Attachment 1. (b) The Participant shall pay CMMPA for its Participant Election Share of Monthly Development Project Costs and Monthly Development Project Capital Costs pursuant to the terms of this Agreement. The amounts to be paid for each Contract Year by the Participant to CMMPA for its Participant Election Share of Monthly Development Project Costs and Monthly Development Project Capital Costs shall be in accordance with Attachments 4A and 4B of this Agreement. Monthly Development Project Costs shall be categorized as either Non-Debt Related Monthly Development Project Costs or CMMPA Debt Related Monthly Development Project Costs as set forth in Attachment 4B to this Agreement. (c) In the event that CMMPA and the Participants agree to pursue any Additional Transmission Development Project pursuant to this Agreement, this Agreement shall be amended to the extent necessary to pursue such Additional Transmission Development Project. Section 202. Election Share. The Participant acknowledges and agrees that it has initially subscribed for an Election Share as set forth in Attachment 3 of this Agreement. Such subscription and Election Share entitles the Participant to the rights in the future to participate in the Transmission Project. A Participant shall be required to participate in the Transmission Project unless the CMMPA Board elects not to participate in the Transmission Project consistent with C:\Documents and Settings\Bryan\Local Settings\Temporary Internet Files\OLK53\Cap X Brookings 2-12-07 ~ 3 clean.doc