R-2001-14 - Laserfiche WebLink

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;1 e e ATTACHMENT A eTXU TXU Energy Service. TERMS AND CONDITIONS FOR SUPPLY OF ELECTRICITY These Terms and Conditions for the Supply of Electricity ("Terms"), together with any Offer for Supply of Electricity ("Offer") and any other attachments, exhibits or appendices (including, as appropriate, one or more Price Sheets) as may be hereafter agreed to by Buyer (the term Buyer includes its employees andlor agents as appropriate), and Seller (the term Seller includes its assignees andlor as appropriate its employees, agents andlor subcontractors), shall constitute the "Agreement" for the supply of electricity to the Premise(s) of Buyer set forth in Exhibit "A" attached hereto. Seller and Buyer may hereinafter be referred to individually as a "Party" and collectively as the "Parties". "Premise(s)" herein shall mean the designated (in Exhibit "Aj property or facilities and associated metered account(s) identified by an Electric Service Identifier ("ESI"), which is a unique and permanent identifier assigned to each Premise(s). A "Price Sheet(s)" is a document(s) containing a description of the method for determining charges payable by Buyer to Seller for electricity supplied pursuant to this Agreement, for specified Premises and shall contain the Offer Price. A condition preceaent for the effectiveness of the Agreement shall be the execution of a separate Offer, and agreement by the Parties on the terms contained in Exhibit "A" and the appropriate Price Sheet(s). I. SUBJECT MATTER AND QUANTITY. Seller shall sell and cause delivery, and Buyer shall purchase and receive at the Point of Delivery, for use only at the Premise(s), Buyer's non-residential electricity requirements set forth on Exhibit "A" attached hereto. "TDSP" herein shall mean a transmission andlor distribution provider under the jurisdiction of the Public Utility Commission of Texas ("PUCT") that owns and maintains a transmission or distribution system for the delivery of energy; including a Municipally owned utility or Rural Electric Cooperative. "Point of Delivery" herein shall mean the point where TDSP's conductors are connected to Buyer's conductors at or near Buyer's Premises. II. [This Section has been deleted intentionally.] III. TERM. The "Agreement Term" shall be the time period, as referred to in the Offer, during which the prices contained in the Price Sl'Ieets are and shall remain in force. IV. AGREEMENT RENEWAUPRICE RENEGOTIATION. If Buyer and Seller have not agreed to new pricing and terms prior to thirty calendar days before the expiration of the then current Offer, and Buyer has not arranged for electricity from another supplier prior to the expiration of such Offer, then, effective upon expiration of the Offer and until Buyer arranges for electricity with another supplier or under a new Offer with Seller, Seller agrees to sell and deliver and Buyer agrees to purchase and receive electricity under terms and prices of Seller's then current Standard List Price Offer applicable to businesses of same or similar nature as Buyer. "Standard List Price Offer" herein shall mean the Seller's price charged to customer's purchasing electricity without a valid Offer for the Supply of Electricity. The Standard List Price Offer may change from time to time at the discretion of Seller. V. CALCULATION AND PAYMENT OF CHARGES. 5.1 Seller will invoice Buyer for electricity delivered to the Premise(s) during each monthly billing cycle of the Agreement Term, and for any other amounts due from Buyer to Seller hereunder, in accordance with the applicable Price Sheet, provided, however, in the event Buyer is a water district, a municipal utility district, a public utility district, a water control improvement district. all other types of special districts. or has at the lime this Agreement is entered into, twenty five percent (25.0%) or more of its total electric load is attributable to water pumping load, and (a) takes total quantities of electricity (attributable to all Premise(s) hereunder) in any month that are in excess of one hundred twenty-five percent (125.0%) of the aggregated quantities listed in Exhibit "A", then Seller shall have the option to price such excess quantities at 105.0% of the then current retail market value or (b) takes quantities of electricity in a month that are less than seventy five percent (75.0%) of the aggregated quantities listed in Exhibit "Aa (provided such is not the result of a force majeure event) then, in addition to paying for those quantities actually taken in accordance with the applicable Price Sheet, Buyer agrees to pay Seller the positive amount, if any, calculated as follows: (75.0% of the aggregated quantities on Exhibit "A" for the applicable month minus the aggregated quantities actually used by Buyer during the month, the "Shortfall Quantity") multiplied by (the contracted price from the applicable Price Sheet minus 95.0% of the then current retail market price for the Shortfall Quantity). "Retail Market Price" for purposes of this paragraph 5.1 only shall be: the weighted average of the ERCOT market clearing price for energy for each congestion zone in the applicable month; -plus (a) all charges associated with (i) Ancillary Services, (ii) Line Losses, (iii) Unaccounted for Energy, and (iv) ERCOT administration fees; and (b) any new charges established by the Independent System Operator that load serving Qualified'Scheduling Entities are required to pay.