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This Distribution Interconnection Agreement, hereinafter referred to as "A reement" is <br />g <br />made and entered into the Q ~~ da of ~ ~~ <br />. y , 2009, by and among the Elk River <br />Municipal Utilities of the City of Elk River, a municipal corporation of the State of Minnesota <br />hereinafter referred to as the "City"; and Connexus Energy, a Minnesota coo erative cor oration. <br />P p <br />Said parties are sometimes referred to herein individually as "Party" and collectivel as <br />y <br />"Parties"; the City and Connexus Energy are sometimes referred to herein individuall as <br />Y <br />"Utility" and collectively as "Utilities", <br />wITNESSETH <br />0.01 wHEE.AS, City owns, operates, and maintains an electric distributions stem <br />y <br />and other facilities and is responsible for providing electrical energy to its customers within and <br />ad j acent to the City limits; and <br />O.OZ WHEREAS, Connexus Energy owns, operates, and maintains an electric <br />distribution system and other facilities and is responsible far providin electrical ener to its <br />g gy <br />consumer-owners in service areas defined and certified by the Minnesota Public Utilities <br />Commission; and <br />0.03 wHEREA~, Connexus Energy and the City each serve their customers and <br />consumer-owners by means of the 1Z,5 ltilovolt distribution feeders in adjacent areas• and <br />0.04 wHEREA.S, the City is willing to allow Connexus Ener to use the Waco <br />gY <br />substation to initially provide for backup emergency service, and o tionall for firm service <br />p y at a <br />later date <br />0.05 wHEREAS, the services provided under this agreement are onl for substation <br />y <br />transformation service and not the purchase of wholesale power and ener which each art <br />gy p y ~s <br />separately responsible for under other agreements; and <br />~~' ~'EEF~RE, the Parties agree as follows; <br />2 <br />