2.6a ERMUSR 04-11-2023TERMINATION OF DISTRIBUTED ENERGY
RESOURCE AGREEMENT
This AGREEMENT is entered into this day of April, 2023, by and between ELK
RIVER MUNICIPAL UTILITIES, located at 1705 Main Street NW, Elk River MN 55330
("ERMU") and VOLTUS, INC., located at 2443 Fillmore Street, 4380-3427, San Francisco,
CA, 94155 ("Voltus").
RECITALS
WHEREAS, ERMU and Voltus have entered into a Distributed Energy Resource
Agreement dated February 17, 2023 to provide for ERMU's participation in the MISO
LMR/EDR program (hereinafter "Agreement"); and
WHEREAS, no funds have been distributed between ERMU and Voltus under the
Agreement, and no obligations either to or from ERMU or Voltus are outstanding under the
Agreement; and
WHEREAS, both ERMU and Voltus want to terminate the Agreement due to a
miscommunication with respect to the parameters of the program; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein,
ERMU and Voltus do hereby agree as follows:
1. RECITALS. The above recitals are incorporated into this Agreement as if fully
set forth herein.
2. TERMINATION OF CONTRACT. The Agreement is terminated effective
immediately.
3. PAYMENT & OBLIGATIONS. Both ERMU and VOLTUS acknowledge there
are not outstanding payments or obligations due under the Agreement, and expressly release the
other City from any claims and obligations arising out of the Agreement.
VOLTUS, INC.
Gregg Dixon, CEO
ELK RIVER MUNICIPAL UTILITIES
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225893d2
Mark P. Hanson, General Manager