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<br />7 <br /> <br />respect thereto. No express written waiver shall affect any other default or provision of <br />this Agreement, nor cover any other period other than as specified in such express <br />waiver. <br /> <br />11. Authority. Xcel Energy and the Municipality each represent and warrant to the other that <br />the person executing this Agreement on its behalf has been fully empowered to execute <br />and deliver this Agreement and that it possesses the legal authority to enter into this <br />Agreement and that it has taken all actions required by its procedures, by-laws, and/or <br />applicable law to exercise that authority, and to lawfully authorize its undersigned <br />signatory to execute this Agreement and to be bound to its terms. <br /> <br />12. Term. <br /> <br />(a) This Agreement shall have an initial term (“Term”) of five (5) years from the Effective <br />Date. <br />(b) Upon the expiration of the initial term, the Term of this Agreement may be renewed by a <br />mutual written agreement of the parties. Absent written renewal, this Agreement shall <br />continue in force from month-to-month, subject to termination by either party by giving <br />no less than thirty (30) calendar days written notice of termination to the other party. <br />(c) Notwithstanding any other provision of this Agreement which may be interpreted to the <br />contrary, Xcel Energy may terminate this Agreement at any time during the Term, <br />without cause and for Xcel Energy’s convenience, on not less than sixty (60) days prior <br />written notice to Municipality. <br /> <br />13. Notices. Any notice, consent, request or other communication required or permitted to <br />be given under this Agreement shall be in writing and shall be deemed given: (i) when <br />delivered personally, or (ii) on the first business day that is three (3) business days <br />following mailing by certified or registered mail, return receipt requested, postage <br />prepaid, or (iii) the next business day after dispatch by a nationally recognized overnight <br />delivery service, in any event, addressed to the party’s address as follows: <br /> <br /> <br />If to Municipality: City of Little Canada <br /> 515 Little Canada Road East <br /> Little Canada, MN 55117 <br /> <br /> <br /> <br />If to Xcel Energy: 825 Rice St <br /> Saint Paul, MN 55117 <br /> <br />with required copy to: <br /> <br />or to such other address as such a party, by ten (10) days prior written notice given as <br />herein provided, shall designate, provided that no party may require notice to be sent to <br />more than two (2) addresses. Any notice given in any other manner shall be effective <br />only upon receipt by the addressee.