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(c) New Primary Feed. A Primary Feed for power of 2 - 10.3 megawatts, 500 <br />amps, 3 phase, 3 wire, l 2,460 volt services from a single substation. <br />Municipal Utility will use its best efforts to provide the new Primary feed as <br />soon as possible, but no later then January 1, ?008. The approximate location of <br />the new Primary Feed is depicted on Exhibit B attached hereto. <br />2. Down Time. Although Municipal Utility will use its best efforts to ensure the <br />continuous operation of the new Primary Feed, UHG acknowledges that supplying the Project <br />with power from a single Primary Feed creates a risk that a substation failure, cut line or other <br />problem with the Primary Feed would result in Municipal Utilities inability to supply the <br />desired 15 megawatts of power for an extended time. During anytime that the Primary Feed is <br />down, Municipal Utility will only be able to supply approximately 2 megawatts of power to the <br />Project from Municipal Utilities existing power system. UHG acknowledges and accepts the <br />risk of down time in the Primary Feed and releases Municipal Utility from any claims arising <br />from such down time except to the extent that UHG would have such a claim under applicable <br />law independent of this Agreement at law or in equity. <br />3. Cancellation Fees. UHG acknowledges that Municipal Utility must order the <br />necessary equipment for the new Primary Feed and substation equipment immediately, and <br />hereby agrees that if UHG fails to construct the Project, then UHG shall be responsible for the <br />payment of fees and costs actually incurred by Municipal Utility for cancellation of those <br />orders. <br />4. Cost of Electric Charges. UHG and Municipal Utility hereby agree that UHG <br />shall pay for Electric. Power as follows ("Electric Charges"): <br />(a) Commercial/Industrial Rates. tJHG shall pay the "CommerciaUIndustrial" rates <br />as promulgates from time to time by Municipal Utility in accordance with all <br />applicable laws and regulations. The current "Commercial/Industrial" rates are <br />set forth on Exhibit C attached hereto. <br />(b) If Municipal Utility power suppliers impose a surcharge or "ratcheted rate" on <br />large power users, which surcharge or rate applies to UHG, Municipal Utilities <br />shall have the right to pass such surcharge or ratcheted rate on to UHG. <br />(c) UHG shall pay for one-half of metering facility costs for the Project, currently <br />estimated to be approximately $45,000, depending on the final metering <br />arrangements proposed by UHG. <br />5. Standards of Power Delivery. Electric Power and energy delivered to UHG by <br />Municipal Utility shall be delivered in compliance with all applicable laws and regulations, <br />and in accordance with the other standards of The Institute of Electrical and Electronics <br />Engineers, Inc., or, if mandated, such different standard as is applicable to Municipal Utility <br />by operation of federal or state law or regulation. <br />