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2018_09-25_PWETCpacket
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2018_09-25_PWETCpacket
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9/27/2018 10:57:59 AM
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Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
9/25/2018
Commission/Committee - Meeting Type
Regular
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Trade Secret <br />j. Severability. The provisions of this Agreement are <br />severable. If any part of this Agreement is rendered void, <br />invalid or unenforceable, such rendering shall not affect <br />the validity and enforceability of the remainder of this <br />Agreement. <br />k. Successors and Assigns. This Agreement shall be <br />binding upon and inure to the benefit of the Parties and <br />their respective successors and permitted assigns. <br />Neither Party shall assign this Agreement, or any portion <br />thereof, without the prior written consent of the other Party. <br />Any attempted assignment or transfer without such prior <br />written consent of the other Party shall be of no force or <br />effect. As to any permitted assignment: (i) reasonable <br />prior notice of any such assignment shall be given to the <br />other Party, and (ii) any assignee shall expressly assume <br />the assignor's obligations hereunder, unless otherwise <br />agreed to by the other Party in writing. Notwithstanding <br />the foregoing, as may be required forTenantto avoid being <br />classified as a Public Utility under Minnesota Statutes <br />Chapter 216B.02, Subd. 4., or to leverage tax benefits as <br />tax owner, Tenant may, at its sole discretion, assign and/or <br />sublease all or part of its full interest under this Agreement <br />to a controlled affiliate of Tenant, assign its rights under the <br />Power Purchase Agreement a controlled affiliate of <br />Tenant, or assign this Agreement in connection with any <br />sale of any or all of its Assets to a third party or Bank. <br />Quiet Possession. Customer agrees that upon <br />compliance with the terms and conditions of this <br />Agreement, Tenant shall peaceably and quietly have, hold <br />and enjoy the Leased Space for the Term and any <br />extensions thereof. <br />m. Data Practices. Seller considers the information <br />contained in this Agreement related to the programs, <br />methods, techniques and processes utilized by Seller to <br />offer and implement the Energy System to be trade secret <br />information of Seller as defined in the Minnesota <br />Government Data Practices Act Ch. 13 .37 Subd. 1 (b) <br />GENERAL NONPUBLIC DATA. In no event shall this <br />information be shared or disclosed with any person or third <br />party without the prior written approval of Seller. <br />4 <br />The Parties acknowledge they have read this Agreement, <br />understand it and agree to be bound by its terms and conditions as <br />of the date first set forth above. <br />Tenant <br />Green2 Solar Leasing, LLC <br />By: <br />Rich Ragatz, <br />Dated: <br />its Vice President <br />Customer: <br />City of Roseville <br />By: <br />Name: Dan Roe and Patrick Trudgeon, its Dan Roe, its Mayor and <br />Patrick Trudgeon, its City Manager <br />Dated: <br />
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