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<br /> reflect the Poorer Price for Retail Power tirries the kWh each market exposure assumed by Supplier relevant to the
<br /> month for those accounts billed by supplier,and Customer liquidation value of this Agreement under Section 14,
<br /> will make payments to Supplier in the terms described & CONFIDENTIALITY
<br /> above In Supplier biking, Customer and Customees and Supplier and/or
<br /> If Customer is a state government entity as defined by its Supplier's agents shall treat asents Confidential all terms and
<br /> local government Prompt payment Requirements Act conditions of this Agreement,Including all information and
<br /> Indicated in Exhibit A, then, in such event said Act shall documentation exchanged by the Parties during the
<br /> control with regard to the elation of payment due dates negotiations of this Agreement Neither Party will disclose
<br /> and late payment charges. All other provisions in this terms and conditions of this Agreement to any lather party,
<br /> paragraph remain the some and are In effect, except as required by law. Notwithstanding the foregoing;
<br /> 5, CUSTOMER INFORMATION Supplier and/or Supplier's agents and Customer and/or
<br /> Customer authorizes Supplier to receive current and Customer's agents shall be allowed to acknowledgetha
<br /> t an
<br /> historical energy billing and usage data from the Utility and Agreement for Retail Power services does exist between the
<br /> such authorization shall remain in effect unless Customer Parties, At Supplier's discretion, third-partyagents of
<br /> rescinds such authorization In writing.Supplier reserves the Customer may be asked to execute ,a confidentiality
<br /> right to cancel this Agreement in the event that Customer agreement.
<br /> rescinds such authorization. Customer has the right to 9. WARRANTY, DISCLAIMER AND LVAITATION OF
<br /> request from Supplier, twice within a twelve (12) month LIABILITY
<br /> period without charge, up to twenty-four(24) months of Supplier warrants title to all Retail Power delivered
<br /> Cu ei's payment history, hereunder, and sells such Retail Power to Customer free
<br /> b.` "FAXES from liens and adverse claims to the delivery point. THIS IS
<br /> Except for taxes on the gross income and property of SUPPLIER'S'ONLY WARRANTY CONCERNING THE RETAIL
<br /> Supplier, all federal, state, and municipal or other POWER PROVIDED HEREUNDER,AND IS MADE EXPRESSLY IN
<br /> governmental subdivision taxes, assessments, fees, use UEAJ OF ALL OTHER WARRANTIES AND REPRESENTATIONS,
<br /> taxes, sales taxes or excise taxes, or similar taxes or fees EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED
<br /> incurred by reason of Retail Power sold under this WARRANTIES OF FITNESS FOR A PARTICULAR 'PURPOSE,.
<br /> Agreement are the sole responsibility of Customer, and MERCHANTAB€LILY OR OTHERWISE, UTILITY WILL PROVIDE
<br /> Customer agrees to hold harmless and Indemnify Supplier DELIVERY SERVICES UNDER THIS AGREEMENT,THEREFORE
<br /> from any liability, demand or payment for same. It is SUPPLER IS NOT LIABLE FOR ANY DAMAGES RESULTING
<br /> understood that Supplier is responsible for all taxes FROM FAILURE BY THE UTILITY Oft RTO,SUPPLIER DOES NOT
<br /> applicable prior to Supplier's delivery to the Delivery Point, GUARANTEE'UNINTERRUPTED SERVICE AND SHALL NOT BE
<br /> I and Supplier agrees to hold harmless and Indemnify LIABLE FOR ANY DAMAGES SUSTAINED BY CUSTOMER BY
<br /> Customer from any liability,demand or payment for same. REASON OF ANY FAILURE,ALTERATION OR INTERRUPTION
<br /> 7. CREDIT ` OF SERVICE.NEITHER PARTY SHALL BE RESPONSIBLE UNDER
<br /> Should Customer's creditworthiness or financial condition ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL,
<br /> deteriorate following the date of this Agreement Supplier INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
<br /> may request adequate financial security from Customer In a INCLUDING LOSS OF 'PROFITS, OR OTHER BUSINESS
<br /> form acceptable to Supplier as determined in a INTERRUPTION' DAMAGES, BY 'STATUTE,` iN TORT OR
<br /> commercially reasonable manner.The failure of Customer CONTRACT, UNDER ANY INDEMNi7Y PROVISION OR
<br /> to provide adequate financial security to Supplier within ten OTHERWISE,INCURRED BY THE OTHER PARTY.
<br /> (10)Business Days of a written request by Supplier shall be 10.FORCE MAIEURE
<br /> considered an Event of Default under Section 24. For If a Party Is prevented by Forte Majeure from carrying out;
<br /> purposes of this Section, creditworthiness or financial in whole or part,Its obligations under this Agreement(the
<br /> condition shall be determined by Supplier in a commercially "Claiming Parry")and gives notice and details of the Force
<br /> reasonable manner, based upon but not limited to, Majeure to the other Party as soon as practicable,then the
<br /> reasonabie concern over Customer's payment pattern, Claiming Party shall be excused from the performance of Its
<br /> discovery of negative or derogatory public Information, obligations under this Agreement(other than the obligation
<br /> and/or based upon a'review of Customers most recently to make payments then due or becoming due with respect
<br /> audited annual financial statements or such other to performance prior to the Force Majeure), The Claiming
<br /> documents that may necessary to adequately determine Party shall remedy the Force Majeure with all reasonable
<br /> Customer's creditworthiness (which, if available, shall be dispatch. During the period excused by Force Majeure,the
<br /> supplied by Customer upon the reasonable request of non-Claiming Party shall not be required to perform its
<br /> Supplier),in addition the determination of creditworthiness obligations under this Agreement. "Force Majeure" shall
<br /> or financial condition may include consideration of the mean an event or circumstance which prevents the Claiming
<br /> Party from performing its obligations or causes delay in the
<br /> Standard Hybrid Page 12 of 14 Confidential Docurnem-see Sec.a
<br /> CMI 29 Standard Hybrid Contract 2 Terra Version.0711,2021
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