R-2001-14 - Laserfiche WebLink

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e e devices as are necessary to protect equipment or process during irregular or interrupted service including, but not limited to voltage and wave form irregularities. 14.11 -Confidentialitv. Seller acknowledges that Buyer is a governmental body that is subject to public information laws, including Chapter 552 of the Texas Government Code, which requires Buyer to release any information that is defined as or deemed to be public (the "Public Information Statutes"). Subject to any Public Information Statute or related order, rule or regulation requiring disclosure, Seller and Buyer agree to keep all terms and provisions of this Agreement confidential and not _ to disclose the terms of the same to any third parties; provided, however, each Party shall have the right to make such disclosures, if any, to governmental agencies and to its own agents, attorneys, auditors, accountants and shareholders as may be reasonably necessary. If disclosure is sought through process of a court, or a state or feeferal regulatory agency, the Party from whom the disclosure is sought shall resist disclosure through all reasonable means and shall immediately notify the other Party to allow it the opportunity to participate in such proceedings. 14.12 Resale of Seller's Electric Service. Buyer may not use supply of electricity provided by Seller except for the purpose specified in the Price Sheet under which Buyer receives supply of electricity. Buyer may not resell or otherwise dispose of supply of electricity unless as provided by statute or as specifically provided for in the Price Sheet. 14.13 Authorization. At such time as executed Offer and Price Sheet(s) are attached hereto, Buyer authorizes Seller to become Buyer's new retail electric provider in place of Buyer's current retail electric provider for the duration of the Agreement Term set forth in the Offer. Buyer authorizes Seller to act as Buyer's agent to effect the change, and Buyer directs its current retail electric provider to work with Seller to make this change happen. Buyer represents to Seller that Buyer is legally authorized to change the retail electric provider for all of the Premises. 14.14 Severabilitv. If any portion of this Agreement, or application thereof to any person or circumstance, shall be held legally invalid, the remainder snail not be affected and shall be valid and enforced to the fullest extent permitted by law or equity. 14.15 Aaareaator Fees. Seller shall bill and collect from Buyer for HGAC Energy Purchasing Corporation ("HGAC") Aggregation Fees with respect to the purchase of Electricity under these Terms and Conditions ("Aggregation Fees"). Seller_ shall remit all Aggregation, Fee collections received during each calendar month to HGAC on or before the twentieth (20th) Business Day of the following calendar month. Payments received from Buyer shall be deemed to bE:! payments of Seller and TDSP charges then due, then of the Aggregation Fee. 14.16 Aaareaator Review. Buyer understands and acknowledges that any deviations from the standard Terms and Conditions for Supply of Electricity negotiated by HGAC on behalf of Buyer shall be subject to the prior review and consent of the HGAC. 14.17 Buyer is a Member of the HGAC Energy Purchasing Corporation. Seller is basing the indicative price on the attached price sheet upon assumptions as to the aggregated load and associated load factor of all Members of the Corporation. A condition precedent to the effectiveness of this Agreement is satisfaction of certain load and load factor criteria as agreed to between Seller and the HGAC Energy Purchasing CorpOration. In the event that such criteria, as established in Section 1.b of the Agreement between H-GAC Energy Purchasing Corporation and TXU Energy Services, are not satisfied, then Seller shall not sign this Agreement and it shall be null and void ab initio. 14.18 Buyer shall notify seller of any ESls that have any significant load shifting. capabilities so Seller may offer multipart pricing for that Premise. The Parties have signed this Terms{ and Conditions for Supply of Electricity document, acknowledging their agreement to its provisions as of ~ ~ "':>1 ,2001. " Cr/j OF L.A /J()leIE By: aM T. \\~ Name: f( 0 ber4- t: I/.rr-erl'J.. Title: G~ J1a nt2j.et'" Date: I ij ~I () I "Buyer" Title: TXU ENERGY SERVICES COMPANY U~ /?P~/Cfl)ll 7 . Name: ~nh r\ P. Wo,-" .'L 5PA\Or "'b;rpc:tTIY" Date: /2- //-cJ( By: "Seller"