ERMU HANDOUT 07-14-2009 - Laserfiche WebLink

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ARTICLE ~ FARCE MAJEIJ No Party shall be liable to any other Party for its failure to perform all or any part of this Agreement when such failure is caused by or arises out of any event or circumstance which is reasonably beyond its control and not caused by said Party's negligence. A..TICLE 'VI GENE L 6.01 leterin~. Connexus Energy and City will provide metering as shown in Exhibit A. Metering on Connexus Ckt #3~ by Great River Energy at Great River Energy cost and ownership. Metering will be tested on an annual basis. Either Party has a right, upon 1 o-day notice, to test or observe testing of their respective meters. 6 02,~~ L~mitat~on of L~ab~~it~. Notwithstanding anything to the contrary herein, the Parties shall have no liability to each other or for any indirect, special or consequential, damages including but not Limited to loss of use, revenues, or profits. 6.03 Arb~trat~on. Arbitration of disputes between the parties with respect to any provision of this Agreement shall be handled as follows: A} Any controversy, claim, counterciaina, dispute, difference, or misunderstanding arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, The Party desiring arbitration shall demand such arbitration by giving written notice to the other party setting forth the point or points in dispute. Any such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, subject to the qualification that the arbitrator named shall be competent by virtue of education and experience in the subject matter, B} Each Party shall have the rights of discovery in the manner provided under the rules governing civil actions in State district court in the State of Minnesota. The arbitrator shall specifically consider all factors relevant to the reasonableness of each Party's position regarding the dispute including, but not limited to, l }the facts known and the facts that should have been known to each Party at the time of action or inaction giving rise to the dispute, 2} the time available in which to act, and 3}other factors relevant under the circumstances, In arriving at a decision, the arbitrator necessarily must interpret and construe this Agreement; however, nothing contained herein shall be deemed to permit the arbitrator to 7