MGE Energy (MGEE)

MGE Power’s Rights and Responsibilities.

5.5.1

Financing.  MGE Power will take all actions necessary to obtain the financing MGE Power needs to enable it to satisfy its payment obligations under this Agreement.

5.5.2

CPCN and DNR Authorizations.  MGE Power or an Affiliate of MGE Power, on behalf of Owners (and co-applying with the University or such other MGE Power Affiliates as may be necessary) shall apply for and obtain the CPCN and all necessary Authorizations for the construction and operation of the Facility that are identified by the Wisconsin Department of Natural Resources (the “DNR”) as being required for the Facility, based upon the submitted Engineering Plan for the Facility (the “DNR Authorizations”).

5.5.3

MGE Power Responsibility to the State.  The Parties recognize that because MGE Construct, MGE Power and MGE are Affiliates and MGE employees are serving as the agents of MGE Construct, there is a  potential for a conflict of interest.  MGE Power therefore covenants that in carrying out its duties under this Agreement, MGE Power will at all times place the respective interests of MGE Construct and the State as regards the Facility on equal footing and will not knowingly favor the interests of either of these Parties to the detriment of the other.

ARTICLE 6 - OWNERSHIP OF ASSETS