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TERMINATION OF DISTRIBUTED ENERGY <br />RESOURCE AGREEMENT <br />This AGREEMENT is entered into this day of April, 2023, by and between ELK <br />RIVER MUNICIPAL UTILITIES, located at 1705 Main Street NW, Elk River MN 55330 <br />("ERMU") and VOLTUS, INC., located at 2443 Fillmore Street, 4380-3427, San Francisco, <br />CA, 94155 ("Voltus"). <br />RECITALS <br />WHEREAS, ERMU and Voltus have entered into a Distributed Energy Resource <br />Agreement dated February 17, 2023 to provide for ERMU's participation in the MISO <br />LMR/EDR program (hereinafter "Agreement"); and <br />WHEREAS, no funds have been distributed between ERMU and Voltus under the <br />Agreement, and no obligations either to or from ERMU or Voltus are outstanding under the <br />Agreement; and <br />WHEREAS, both ERMU and Voltus want to terminate the Agreement due to a <br />miscommunication with respect to the parameters of the program; and <br />NOW, THEREFORE, in consideration of the mutual promises and covenants herein, <br />ERMU and Voltus do hereby agree as follows: <br />1. RECITALS. The above recitals are incorporated into this Agreement as if fully <br />set forth herein. <br />2. TERMINATION OF CONTRACT. The Agreement is terminated effective <br />immediately. <br />3. PAYMENT & OBLIGATIONS. Both ERMU and VOLTUS acknowledge there <br />are not outstanding payments or obligations due under the Agreement, and expressly release the <br />other City from any claims and obligations arising out of the Agreement. <br />VOLTUS, INC. <br />Gregg Dixon, CEO <br />ELK RIVER MUNICIPAL UTILITIES <br />mm <br />225893d2 <br />Mark P. Hanson, General Manager <br />