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CC PACKET 06262018
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CC PACKET 06262018
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6/27/2018 8:13:42 AM
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6/20/2018 1:54:07 PM
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Party shall pay one-half (1/2) the cost of the mediator. Each Party shall be responsible <br />for its own costs related to such mediation. If the Parties have not resolved their dispute <br />within 30 calendar days after the request for mediation, any Party may resort to any <br />available legal remedies. <br /> <br />ARTICLE 10 <br />CANCELLATION EVENTS; EVENTS OF DEFAULT; REMEDIES <br /> <br />10.1 Cancellation Events. <br /> <br />(a) You may cancel all or part of your CSG Allocation relating to a particular Project to the <br />extent that: <br /> <br />i. Construction of that Project is not completed within twenty-four (24) months of <br />our receipt of NSP determining that Project’s CSG application is complete, and <br />additional Project capacity does not exist; <br />ii. That Project becomes ineligible, in whole or in part, as a CSG during the Term and <br />the related SRC Contract is terminated, and additional Project capacity does not <br />exist; or <br />iii. You become aware that, due to relocation or other material changes, your CSG <br />Allocation will no longer satisfy the applicable Eligibility Requirements and you <br />elect not to sell or transfer, or cannot sell or transfer, your CSG Allocation to <br />another eligible NSP customer. <br />iv. Before the Project’s CSG application is deemed complete by NSP, if the legislature, <br />MPUC, NSP, or any other entity significantly reduces the credit base rate, or basis <br />of escalation of that rate from that anticipated at the time of acceptance of the <br />proposal by you. <br /> <br />(b) We may cancel all or part of your CSG Allocation relating to a particular Project to the <br />extent that: <br /> <br />i. You fail to meet the applicable Eligibility Requirements at any time during the <br />Term; <br />ii. Your CSG Allocation is transferred by operation of law as defined in Section 10.7 to <br />an ineligible person or entity and is not sold to an eligible transferee within the <br />time provided; <br />iii. Prior to the start of Project construction, we are not able to confirm your <br />creditworthiness; or <br />iv. Prior to the start of Project construction, we determine we are unable to develop <br />the Project under commercially reasonable terms, including, but not limited to, <br />NSP disallowing the development of Project(s), NSP imposes costs in excess of the <br />average for approved Projects, or additional Project capacity does not exist. <br /> <br />(c) Cancellation will be effective upon written notice by the cancelling Party to the other <br />Party, including a description of the circumstances giving rise to the Cancellation Event <br />and the specific portion of CSG Allocation canceled. <br /> <br />10.2 Events of Default. Each of the following events shall be an Event of Default under this <br />Agreement: <br />53
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