Article II – Rights & Liabilities of Members

Section 1 - Property Interest of Members

Upon dissolution of the Cooperative, 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, unless otherwise provided by the laws of the State of Indiana;

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 10 years next preceding the date of the filing of the Certificate of Dissolution.

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 individually liable or responsible for any debts or liabilities of the Cooperative.

Section 3 - Right to One Vote

Each member shall be entitled to one vote and no more upon each matter submitted to a vote at a meeting of the members. If a husband and wife hold joint membership, either, but not both, shall be entitled to one vote and no more upon each matter submitted to a vote at a meeting of the members. If a husband or wife holds an individual membership as provided in Article I, Section 2, such spouse may vote such individual membership in addition to the joint membership, if any. If a partnership is a member, any one partner may cast the vote of the member. A corporation, limited liability company, or business trust may designate a person to cast the vote of the corporate, limited liability company, or business trust member.

Section 4 - Duties of Members

(a) Each member shall make available to the Cooperative a suitable site, as determined by the cooperative, to place the Cooperative’s physical facilities for the furnishing and metering of electric service to any member and shall permit the Cooperative’s authorized employees, agents, and independent contractors to have access thereto for inspection, maintenance, replacement, relocation or repair thereof at all reasonable times. As part of the consideration for such service, each member shall be the Cooperative’s bailee of such facilities and shall not interfere with, impair the operation of, or cause damage to such facilities, and shall use his or her best efforts to prevent others from so doing. In the event such facilities are interfered with, impaired in their operation or damaged by the member, or by any person when the member’s care and surveillance could have prevented such, the member shall indemnify the Cooperative and any other person 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 caused by the action or inaction of the member. Evidence that access to services obtained without authority from the cooperative or that a member’s metering device has been altered, removed, or bypassed without the knowledge of or notification to the Cooperative is conclusive evidence that the member has utilized the device or scheme to avoid being assessed for the full amount of services received from the Cooperative. In no event shall the responsibility of the Cooperative extend beyond the point at which its service wires are attached to the meter loop provided for measuring electricity used on such premises, or beyond the combination circuit breaker-meter base panel if such is owned and maintained by the Cooperative, except that the Cooperative shall, in accordance with its applicable service rules and regulations, indemnify the member for any overcharges from a malfunctioning of its metering equipment.

(b) The member will pay all charges assessed by the cooperative for all services provided the member in accordance with these bylaws and by the rate tariff of the cooperative.

(c) Members shall guarantee access to the Cooperative for meter reading, tree trimming, and right-of-way clearing and spraying and shall not interfere with the Cooperative or its agents in the performing of these services.