5.4. ERMUSR 03-14-20006 - Laserfiche WebLink

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6. Confidentiality. The parties agree that and the specific terms and exact prices contained in this Amendment and in the Original Service Agreement are confidential and may not be shared with any person or party other than: (1) the parties' officials, employees, consultants and attorneys who have agreed to treat these agreements as confidential; (2) the Rural Utilities Service, MAPP, MISO and any successor organization of these entities; and (3) as required to comply with applicable law, regulation, court order, lender or regulatory proceeding. However, the parties agree that a general description of this Amendment and the Original Service Agreement and an approximate total price may be shared publicly without consent. 7. Contingency. The obligations, benefits and performance of this Agreement are contingent upon the New Generator at the Facility beginning commercial operation no later than July 1, 2006. 8. Additional Terms. a. In Section 2.1 of the Original Service Agreement, the phrase "for consideration described in Section 4.1" is deleted and replaced by "for consideration described in Section 6.1." b. Section 2.1.B of the Original Service Agreement is hereby deleted. c. The following Section 2.12 is added to the Original Service Agreement: Major Overhauls. CONTRACTOR shall perform major overhauls on the engines as requested by OWNER. CONTRACTOR will provide operating data, performance history, and recommendations to OWNER to aid in OWNER's decisions regarding overhaul schedules. The scope of work for a Major Overhaul is provided in Exhibit D. The parties anticipate a Major Overhaul will be required on approximately a five year basis. For each Major Overhaul, OWNER and CONTRACTOR will confirm in writing that a Major Overhaul will be performed by Contractor pursuant to Exhibit D. Each such confirmation will include the price and timing for the Major Overhaul. The price to be charged OWNER for Major Overhauls will be CONTRACTOR's cost. 3