Electric Service Agreement

ELECTRIC SERVICE AGREEMENT

This Electric Service Agreement ("Agreement") is entered into as of by and between Utility Company: with principal office at (hereinafter "Utility"), and Customer Name: with service location at (hereinafter "Customer").

RECITALS

WHEREAS, Utility is duly authorized to generate, transmit, distribute and sell electric energy to customers located within its service territory and maintains facilities necessary to provide electric service; and

WHEREAS, Customer desires to obtain electric service from Utility at the Service Location described above and Utility agrees to supply such service in accordance with the terms and conditions set forth in this Agreement and applicable Rate Schedule; and

WHEREAS, the parties intend for this Agreement to govern the rights, obligations, rates, and procedures applicable to the supply and receipt of electric service between the parties.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:

1. DEFINITIONS

1.1 "Agreement" means this Electric Service Agreement and any schedules or appendices attached hereto. "Service" means the delivery of electric energy, ancillary services, and metering as specified herein. "Service Location" means the premises identified above. "Rate Schedule" means the Utility tariff, rate schedule, or contract schedule referenced in Section 4.

2. TERM

2.1 Commencement. Service under this Agreement shall commence on and shall continue for an initial term of months unless earlier terminated in accordance with this Agreement.

2.2 Extension. The Agreement shall automatically renew for successive terms of equal length unless either party delivers written notice of non-renewal at least days prior to the expiration of the then-current term.

3. SCOPE OF SERVICE

3.1 Utility Obligations. Utility shall supply electric energy to the Service Location in accordance with prudent utility practice, applicable law, and the terms of this Agreement. Utility will provide metering and billing services and shall maintain facilities necessary for safe and reliable delivery of electricity.

3.2 Customer Obligations. Customer shall permit Utility reasonable access to the Service Location to install, inspect, maintain and remove meters and equipment, operate and maintain facilities, and shall comply with Utility rules, safety regulations, and applicable law.

4. RATES, CHARGES AND METERING

4.1 Metering. Utility shall provide and maintain the meter(s) required to measure consumption. Meter readings taken by Utility shall be presumptive evidence of actual consumption absent manifest error. Customer may request meter testing in accordance with Utility's testing procedures; any adjustment resulting from meter error shall be made prospectively or, at Utility's election, by billing adjustments for prior periods as required by applicable law.

5. BILLING AND PAYMENT

5.1 Billing Cycle. Utility shall bill Customer monthly for charges due under this Agreement. Invoices will state the period of service, charges by component, and the due date. Payment shall be due within days of the invoice date.

5.2 Disputed Charges. Customer must notify Utility in writing of any billing dispute within thirty (30) days of receipt of the invoice, providing sufficient detail to permit investigation. The obligation to pay undisputed amounts shall not be suspended due to a billing dispute.

6. SECURITY, DEPOSITS AND GUARANTEES

6.1 Utility may require a security deposit or guarantee to secure Customer's payment obligations. Deposits may bear interest as required by applicable law and shall be handled in accordance with Utility's deposit policy.

7. INTERRUPTION OF SERVICE; FORCE MAJEURE

7.1 Service Interruptions. Utility may interrupt or curtail service for reasons of safety, emergency repairs, construction, compliance with law, or to protect the integrity of Utility's system. Utility shall use commercially reasonable efforts to provide prior notice when practicable.

7.2 Force Majeure. Neither party shall be liable for failure or delay in performance due to causes beyond its reasonable control, including acts of God, strikes, war, terrorism, governmental orders, natural disasters, cyber incidents, or failure of third-party suppliers. The affected party shall provide notice and shall use reasonable efforts to mitigate effects of the event.

8. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

8.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UTILITY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UTILITY SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.

8.2 THE AGGREGATE LIABILITY OF UTILITY FOR ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO UTILITY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. TAXES AND REGULATORY CHARGES

9.1 Customer shall be responsible for all taxes, fees, surcharges, assessments and other governmental charges applicable to the Service, excluding taxes based upon Utility's net income. Utility may collect such amounts on Customer's bill as separate line items.

10. TERMINATION

10.1 For Cause. Either party may terminate this Agreement for material breach by the other party if such breach remains uncured for a period of days after written notice specifying the breach.

10.2 Immediate Termination. Utility may immediately discontinue service without liability if Customer's actions create a clear and present danger to persons or property, or if Customer tampers with Utility equipment or bypasses metering.

11. INDEMNIFICATION

11.1 Customer Indemnity. Customer shall indemnify, defend and hold Utility harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Customer's use of service, Customer-owned equipment, or Customer's breach of this Agreement, except to the extent caused by Utility's gross negligence or willful misconduct.

12. CONFIDENTIALITY

12.1 Each party shall protect Confidential Information of the other party with at least the same degree of care as it uses to protect its own confidential information, but not less than a reasonable standard of care. Customer usage and billing data shall be treated as Confidential Information subject to disclosure only as required by law or regulatory authority.

13. ASSIGNMENT

13.1 Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, Utility may assign this Agreement to an affiliate or successor in interest without Customer consent upon notice.

14. NOTICES

All notices, consents, requests, demands and other communications required or permitted under this Agreement shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses set forth below or to such other address as either party may designate by notice to the other.

15. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state specified by the parties below, without regard to conflict of laws principles.

15.2 Entire Agreement. This Agreement, together with any appendices or schedules expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral.

15.3 Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect and the parties shall negotiate in good faith to replace the invalid provision with a valid provision that best effectuates the original intent of the parties.

16. AMENDMENTS; WAIVER; COUNTERPARTS

16.1 Amendments. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

16.2 Waiver. No failure or delay by either party in exercising any right shall operate as a waiver of that right.

16.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

ADDITIONAL PROVISIONS

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