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SASKPOWER OPEN ACCESS TRANSMISSION TARIFF

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<strong>SASKPOWER</strong> <strong>OPEN</strong> <strong>ACCESS</strong> <strong>TRANSMISSION</strong> <strong>TARIFF</strong>Transmission Customer:Page 2 of 5_______________________________________________________________________________________________________________7.0 No failure by the Transmission Provider or the Transmission Customer at any time orfrom time to time to enforce or require a strict observance of any of the provisions of thisService Agreement shall constitute a waiver of the provision or affect or impair suchprovisions or the right of the Transmission Provider or the Transmission Customer atany time to enforce such provisions or to avail itself of any remedy it may have.8.0 This Service Agreement shall inure to the benefit of and be binding upon the Parties andtheir respective successors and any Assignees of the Transmission Customer authorizedpursuant to Section 23.1 of the Tariff.9.0 The Tariff and the attached Specifications for Long-Term Firm Point-to-PointTransmission Service are incorporated herein and made a part hereof.10.0 Notwithstanding Paragraph 9, the Transmission Provider shall have the sole discretionand authority to offer the Transmission Customer partial service, a system impact study,or a facilities study including an estimate of the additional costs, in order to provide theTransmission Customer's right of first refusal contained in Section 2.2 of the Tariff inthe event that the transmission capacity requested cannot be accommodated by theTransmission Provider due to the growth of Domestic Load. The right of first refusalcontained in Section 2.2 of the Tariff is further limited for the Firm TransmissionService provided under this Service Agreement as follows:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________11.0 Applicable taxes shall be added to all charges set forth in the Tariff.Page | 102

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