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R2022-163 Resolution Authozing Agreement with Ameren Illinois Company for Interconnection Solar
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R2022-163 Resolution Authozing Agreement with Ameren Illinois Company for Interconnection Solar
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Last modified
1/24/2023 5:05:19 PM
Creation date
10/7/2022 9:55:57 AM
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Resolution/Ordinance
Res Ord Num
R2022-163
Res Ord Title
R2022-163 Resolution Authozing Agreement with Ameren Illinois Company for Interconnection Solar
Department
City Manager
Approved Date
10/3/2022
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majeure event, its expected duration, and the steps that the Affected Party is <br /> taking and will take to mitigate the effects of the event on its performance. If the <br /> initial notification is verbal, it must be followed up with a written notification <br /> within one business day. The Affected Party shall keep the other Party informed <br /> on a continuing basis of developments relating to the force majeure event until the <br /> event ends.The Affected Party may suspend or modify its obligations under this <br /> Agreement(other than the obligation to make payments) only to the extent that <br /> the effect of the force majeure event cannot be otherwise mitigated. <br /> 6.5 Default <br /> 6.5.1 No default shall exist when the failure to discharge an obligation(other than the <br /> payment of money)results from a force majeure event as defined in this <br /> Agreement, or the result of an act or omission of the other Party. <br /> 6.5.2 A Party shall be in default("Default")of this Agreement if it fails in any material <br /> respect to comply with, observe or perform, or defaults in the performance of, any <br /> covenant or obligation under this Agreement and fails to cure the failure within 60 <br /> calendar days after receiving written notice from the other Party. Upon a default <br /> of this Agreement, the non-defaulting Party shall give written notice of the default <br /> to the defaulting Party. Except as provided in Article 6.5.3,the defaulting Party <br /> has 60 calendar days after receipt of the default notice to cure the default; <br /> provided,however, if the default cannot be cured within 60 calendar days,the <br /> defaulting Party shall commence the cure within 20 calendar days after original <br /> notice and complete the cure within six months from receipt of the default notice; <br /> and, if cured within that time,the default specified in the notice shall cease to <br /> exist. <br /> 6.5.3 If a Party has assigned this Agreement in a manner that is not specifically <br /> authorized by Article 6.1,fails to provide reasonable access pursuant to Article <br /> 2.3, and is in default of its obligations pursuant to Article 7, or if a Party is in <br /> default of its payment obligations pursuant to Article 5 of this Agreement,the <br /> defaulting Party has 30 days from receipt of the default notice to cure the default. <br /> 6.5.4 If a default is not cured as provided for in this Article, or if a default is not <br /> capable of being cured within the period provided for in this Article, the non- <br /> defaulting Party shall have the right to terminate this Agreement by written <br /> notice, and be relieved of any further obligation under this Agreement and, <br /> whether or not that Party terminates this Agreement,to recover from the <br /> defaulting Party all amounts due under this Agreement,plus all other damages <br /> and remedies to which it is entitled at law or in equity. The provisions of this <br /> Article shall survive termination of this Agreement. <br />
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