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Article II

Rights and Liabilities of Members

Section 1. Property Interest of Members. 

Upon dissolution, after (a) all debts and liabilities of the cooperative shall have been paid, and (b) all capital furnished through patronage shall have been retired as provided in these bylaws, the remaining property and assets of the cooperative shall be distributed among the members and former members in the proportion which the aggregate patronage of each bears to the total patronage of all members during the seven years next, preceding the date of the filing of the certificate of dissolution, or if the cooperative shall not have been in existence for such period, during the period of its existence.

Section 2. Non-Liability for Debts of the Cooperative.

The private property of the members shall be exempt from execution or other liability for the debts of the cooperative and no member shall be liable or responsible for any debts or liabilities of the cooperative.

Section 3. Wiring of Premises.

Each member shall cause all premises receiving electric service pursuant to one’s membership to become and to remain wired in accordance with the specifications of the North Dakota State Electrical Code, the National Electric Code, and any applicable local government ordinances, and of the Cooperative.  Each member shall be responsible for – and shall indemnify the Cooperative and its employees, agents and independent contractors against death, injury, loss or damage resulting from any defect in or improper use of maintenance of – such premises and all wiring and apparatuses connected thereto or used therefrom.

Each member shall make available to the Cooperative a suitable site, as determined by the Cooperative, whereon to place the Cooperative’s physical facilities for the furnishing and metering of electric service.  Each member shall permit the Cooperative’s authorized employees, agents and independent contractors to have access thereto to safely and without interference from hostile dogs or any other hostile source, for meter reading, bill collecting and for inspection, maintenance, replacement, relocation, repair or disconnection of such facilities at all reasonable times.

As a part of the consideration for such service, each member shall be the Cooperative’s bailee of such facilities and shall accordingly desist from interfering with, impairing the operation of or causing damage to such facilities, and shall use ones best efforts to prevent others from so doing.

Each member shall also provide such protective devices to one’s premises, apparatuses or meter base as the Cooperative shall from time to time require in order to protect the Cooperative’s physical facilities and their operations and to prevent any interference with or damage to such facilities.  In the event such facilities are interfered with, impaired in their operation or damaged by the member, or by any other person when the member’s reasonable care and surveillance should have prevented such, the member shall indemnify the Cooperative and its employees, agents and independent contractors against death, injury, loss or damage resulting therefrom, including but not limited to the Cooperative’s cost of repairing, replacing or relocating any such facilities and its loss, if any, of revenues resulting from the failure or defective functioning of its metering equipment or any error occurring in the Cooperative’s billing procedures.

In no event shall the responsibility of the Cooperative for furnishing electric service extend beyond the point of delivery. The member shall be responsible for all aspects of the wiring for and use of electric energy upon ones premises, including, but not limited to, the identification and proper control of stray voltage.

Section 4. Grant of Easement.

Each member shall, upon being requested to do so by the Cooperative, execute and deliver to the Cooperative grants of easement of right-of-way over, on and under such lands owned by the member, and in accordance with such reasonable terms and conditions as the Cooperative shall require for the furnishing of electric service to such member or others or for the construction, operation, maintenance or relocation of the Cooperative’s electric facilities.

Section 5. Indemnification.

In the event facilities of the Cooperative are interfered with, impaired in their operation or damaged by the member, or by any other person when the member’s reasonable care and surveillance should have prevented such, the member shall indemnify the Cooperative and its employees, agents and independent contractors against death, injury, loss or damage resulting therefrom, including but not limited to the Cooperative’s cost of repairing, replacing or relocating any such facilities and its loss, if any of revenues resulting from the failure or defective functioning of its metering equipment.

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