Utility Services Electricity Pack

UTILITY SERVICES ELECTRICITY PACK

This Utility Services Electricity Pack (the "Agreement") is entered into as of Effective Date: by and between Provider Name: and Customer Name: .

RECITALS

WHEREAS, Provider is engaged in the business of supplying electricity and related services and holds or will secure all licenses and permits required to lawfully supply electricity to the Service Location; and

WHEREAS, Customer desires to receive electric supply and related services under the terms set forth in this Agreement for the Service Location: ; and

WHEREAS, the parties agree the services will be provided according to the Scope of Work and Payment Terms set forth below, and subject to the standard operational, metering and billing provisions contained herein.

SCOPE OF WORK

Provider shall supply electrical energy and related services to the Service Location identified above, perform metering, billing and customer support, and undertake installation, maintenance or upgrades to Provider-owned equipment as needed to deliver service described in this Agreement. Meter number (if applicable):

SERVICE COMPONENTS

Included components (select all that apply):

Supply of electricity    Metering services    Billing and collection

Customer service and outage response    Renewable energy option

PAYMENT TERMS

Customer shall pay Provider for services in accordance with the following terms.

Past-due amounts shall bear a late fee of and interest as permitted by law. Provider may suspend service for nonpayment after providing the required notice period.

TERM AND TERMINATION

Term: This Agreement commences on Start Date: and continues until End Date: unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon written notice of days to the other party. Provider may terminate or suspend service immediately for material breach, fraudulent activity, safety risk, bankruptcy, or failure to pay amounts due.

Upon termination Customer remains responsible for all charges incurred through the effective date of termination and for any reasonable costs of disconnection or meter readout.

CONFIDENTIALITY

Each party (the "Receiving Party") shall maintain in confidence all non-public business, technical and financial information disclosed by the other party (the "Disclosing Party") and designated as confidential or that reasonably should be understood to be confidential given the nature of the information ("Confidential Information"). Confidential Information does not include information that is (a) already known to the Receiving Party without obligation of confidentiality, (b) publicly available through no fault of the Receiving Party, (c) rightfully received from a third party without restriction, or (d) independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information.

The Receiving Party shall use Confidential Information solely to perform obligations under this Agreement and shall not disclose it to third parties except to employees, agents or contractors with a need to know and bound by similar confidentiality obligations. Confidentiality obligations shall survive termination for a period of .

LIMITATION OF LIABILITY AND INDEMNIFICATION

Except for willful misconduct or gross negligence, neither party shall be liable for incidental, special, punitive or consequential damages arising out of this Agreement. Provider's aggregate liability for direct damages shall not exceed the total charges paid by Customer under this Agreement in the six (6) months preceding the claim. Customer shall indemnify and hold Provider harmless from claims arising from Customer's misuse of service, unauthorized access, alteration of metering equipment, or breach of this Agreement.

FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform its obligations caused by events beyond its reasonable control, including acts of God, strikes, epidemics, war, governmental actions, grid emergencies, or failure of third-party transmission or distribution providers. The affected party shall provide prompt notice and use commercially reasonable efforts to resume performance.

NOTICES

All notices shall be in writing and delivered to the addresses below by hand, certified mail, or other mutually agreed method.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of law principles.

ENTIRE AGREEMENT

This Agreement, including any schedules, exhibits and accepted service orders referenced herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior discussions, proposals, or agreements. Any modification must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that Provider may assign to an affiliate or in connection with a financing or sale of substantially all of its assets. If any provision is held invalid, the remainder shall remain in full force and effect.

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