6.5. ERMUSR 05-16-2006 - Laserfiche WebLink

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Anri121, 2006 draft arbitrator may be enforced by any court having jurisdiction over the Party against which the decision is rendered. D) This Section 6.03 shall survive termination of this Agreement. 6.04 Governing Law. This Agreement shall be interpreted and governed by the laws of the State of Minnesota, or the laws of the United States, as applicable. 6.05 Notices. Any written notice required or authorized under this Agreement from one Party to the others shall be delivered or mailed by first class mail, postage prepaid, as follows, unless otherwise agreed to: General Manager President and CEO Elk River Municipal Utilities Connexus Energy 13069 Orono Parkway _ _ _ ___ _______________ _ _______________ ___ 14601_Ramsey Blvd. _---- ~e~eted: s22x,~gn~enue Elk River, MN 55330 Ramsey, MN 55303 6.06 Successors and ASS1EnS. Except as may be required by the terms of any mortgage or security interest granted or given by Connexus Energy to any third party covering all or substantially all of Connexus Energy's assets, none of the provisions of this Agreement, whether in whole or in part, shall be assigned by any Party to any third party without the written consent of the other Parties which consent shall not be unreasonably withheld. 6.07 Term of Agreement. This Agreement shall become effective as of the date first above written and shall remain in effect for a period of five (5) years. Thereafter, it shall continue in full force and effect for an indeterminate period of time subject, however, to the right of City or Connexus Energy to terminate upon not less than five (5) years prior written notice to be given by the terminating Utility to the other Utility. Connexus Energy has the right to terminate the agr~eementprior to the 5 year notice period, if either, a) Connexus Energy has requested more feeders and capacity from the substation and the City refuses to provide the additional capacity*** note to Bryan -this gives Connexus the option to build its own substation if ERMU cannot provide the additional capacity.. ***) b) Connexus Energy deems it no longer needs use of the Elk River 14 Station Bank 2 substation as a result of the City's territory acquisition of Connexus Energy's system.