R2012-194 AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE LOWEST RESPONSIBLE BIDDER FOR THE SUPPLY OF ELECTRICITY

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1.1.7 Point of Sale. Governmental Aggregator and Participating Customers acknowledge and agree that FES shall have no responsibility for damage to any property, or to any equipment or devices connected to the Participating Customers' electrical system. ARTICLE 2 FES OBLIGATIONS 2.1 FES Obligations. 2.1.1 Commencing on the Effective Date and during the Term, subject to the terms of this Agreement, FES shall provide Retail Electric Supply (subject to the terms of the appropriate transmission and/or distribution tariffs) sufficient to serve the total electric generation needs of the small commercial retail and residential Aggregation Program Customers. FES shall arrange for the delivery of Retail Electric Supply in accordance with the requirements of the Participating Customers' respective Electric Utility and Independent System Operator ("ISO") or Regional Transmission Organization ("RTO") according to the rules, regulations, and tariffs governing Retail Electric Supply from an alternative supplier to the Point of Delivery, recognizing that the Electric Utility provides utility distribution service from the Point of Delivery to the Point of Sale. To the extent that any services or requirements are provided by the Electric Utility, FES shall not be responsible for the provision of such services. Notwithstanding the foregoing, FES is not responsible for the performance or failure to perform of the provider of such transmission, distribution, or ancillary services, or the consequences of such performance or failure to perform. 2.1.2 FES shall be responsible for all acts necessary for FES to perform its obligations hereunder, including but not limited to the scheduling of delivery of Retail Electric Supply hereunder. 2.1.3 FES shall provide Aggregation Program Customers with the environmental disclosure data and other data it is required to provide, if any, to comply with the applicable law and rules of the ICC or other applicable authority. 2.2 Subcontracting. FES may subcontract the performance of its obligations under this Agreement. However, no subcontract shall relieve FES of any of its obligations and/or liabilities under this Agreement. FES shall be responsible for all payments and obligations as between FES and subcontractors, and Governmental Aggregator shall not be responsible for payments to any such subcontractor. Community ARTICLE 3 TERM AND TERMINATION 3.1 Tenn of Agreement and Termination. 3.1.1 This Agreement may be terminated prior to the expiration of the Tenn, in compliance with this Agreement's provisions, if. (1) a Party exercises its right under Article 6 to terminate this Agreement; (2) FES fails to maintain its ICC Certification; or (3) any of the situations described in Section 3.3 occur and Parties are unable to mutually negotiate modification(s) to the Agreement so that the adversely-affected Party may be restored to a reasonably similar economic 4