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PLEASE SCROLL DOWN TO ACCEPT TERMS AND CONDITIONS... Consolidated Edison Solutions, Inc. Residential and Small Commercial Electricity Sales Agreement – Connecticut 1. ELECTRICITY SUPPLY SERVICE. Consolidated Edison Solutions, Inc. (“ConEdison Solutions,” “our,” “us,” or “we”) is licensed by the Connecticut Public Utilities Regulatory Authority (“PURA”) to supply electricity to customers in the State of Connecticut; however, PURA does not regulate the prices that we charge our customers. ConEdison Solutions agrees to sell, and you agree to purchase, your full electricity requirements in accordance with the terms and conditions set forth herein for the account(s) and at the price specified on the first page of this Electricity Sales Agreement (“Agreement”). The electricity supplied by ConEdison Solutions will be delivered to you by your Electric Distribution Company (“EDC”). 2. PRICE AND TERM. The price and initial term (“Term”) of this Agreement is set forth on the first page of the Agreement. The price is a fixed price that will not change for the specified term. After the initial Term, this Agreement will automatically renew for additional renewal Terms as provided in the “Automatic Renewal” section below, until terminated in writing by you or us, in accordance with the “Termination of Agreement” sections below. In order to compare: (i) the per kWh price that you pay under this Agreement with (ii) the standard service rate available from your EDC, you should contact your EDC and/or consult the EDC’s website for information regarding your EDC’s standard service rate. Your EDC’s website also contains information on how to find your current electric generation service rate on your bill. 3. AUTOMATIC RENEWAL. If ConEdison Solutions desires to renew the Agreement, then not less than 30 days, nor more than 60 days, prior to the end of the initial Term (and each subsequent renewal Term), ConEdison Solutions will notify you of the pending renewal. The notice will include: (1) any changes to the material terms and conditions, including the Term and price of this Agreement; (2) information on how you can terminate this Agreement at the conclusion of the Term without penalty; and (3) a statement that terminating the Agreement without selecting another supplier will return you to your EDC’s standard offer service. This Agreement will automatically renew unless you cancel the renewal by notifying ConEdison Solutions within 15 days of your receipt of such notice. 4. BILLING AND PAYMENT. Your EDC will provide you with a single monthly bill which will include the charge for the electricity provided by ConEdison Solutions, as well as the charges for the distribution, transmission and other services provided to you by your EDC. The EDC will set the date that your payment is due. Your bill will be based on the monthly meter reading by the EDC. In the event that the EDC later adjusts its reading for any reason, ConEdison Solutions’ charges will be similarly adjusted. You will make payment for all of these services directly to the EDC in accordance with the payment terms stated in the EDC’s tariffs, which may include a late payment fee if your payment is not timely. 5. BUDGET BILLING. Budget billing is available upon request through your EDC and is subject to verification and reconciliation. Your budget amount will be the combination of a monthly EDC amount for distribution and other services and a monthly budget amount for ConEdison Solutions’ electricity supply charges. Any settlements or adjustments to the EDC’s or ConEdison Solutions’ monthly budget bill amounts may not occur at the same time. 6. TITLE AND TAXES. Unless we notify you otherwise, title to the electricity sold hereunder shall pass from us to you when it is delivered by us to the EDC. You shall be responsible for applicable transfer, sales or other taxes and charges related to this transaction, however designated, unless prior to execution of this Agreement you have given us and your EDC applicable, valid tax exemption certificates. 7. FORCE MAJEURE. Except for your obligation to make payments when due, neither party shall be liable to the other for any delay or failure to perform caused by an occurrence of Force Majeure. “Force Majeure” means occurrences beyond a party’s reasonable control, including, without limitation, acts of God, acts of terrorism, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, hurricanes, civil disturbances, shortage or unavailability of transmission facilities, and actions of any governmental authority or your EDC which result in conditions, limitations, rules, or regulations that materially impair either party’s ability to perform hereunder. The affected party shall give to the other party reasonably prompt and detailed notice of the occurrence of any event of Force Majeure relied upon and use commercially reasonable efforts to promptly resolve the event of Force Majeure. 8. LIMITATION OF LIABILITY. ConEdison Solutions’ liability in connection with this Agreement shall in no event exceed the difference between the reasonable cost of replacing any unsupplied electricity and the price under this Agreement. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE), INCIDENTAL, OR PUNITIVE DAMAGES FOR CLAIMS ARISING UNDER THIS AGREEMENT. 9. NO WARRANTIES. CONEDISON SOLUTIONS MAKES, AND YOU RECEIVE, NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND CONEDISON SOLUTIONS SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 10. CHANGE OF RESIDENCE. You must notify both your EDC and ConEdison Solutions 45 days in advance of a change in your residence or business address. A final meter read will be made at your old address, the account at such address will be closed, and you will be responsible to pay for the electricity delivered to such address until the effective date of such termination. 11. TERMINATION OF AGREEMENT BY CUSTOMER. You have the right to cancel this Agreement until midnight of the third business day after you receive this Agreement. You may also cancel this Agreement at any time by contacting ConEdison Solutions by telephone at 1-888-320-8991, by email at [email protected], or by writing to ConEdison Solutions, Attn: Contract Termination, 100 Summit Lake Drive, Valhalla NY 10595. You may also terminate this Agreement at any time during the term by signing up with another electricity provider or by contacting your EDC. The effective date of your termination will be the next applicable meter read date after expiration of the required notice period. Upon termination, payment will be due for all outstanding charges (including any late payment fees) for electricity provided prior to the effective date of the termination. In the event that you terminate this Agreement and do not choose another supplier, you will be returned to the EDC’s standard offer service. 12. TERMINATION OF AGREEMENT BY CONEDISON SOLUTIONS. ConEdison Solutions may terminate this Agreement upon 45 days written notice if a change in law, regulation or tariff affects our ability to serve you. ConEdison Solutions may also terminate this Agreement upon 45 days’ written notice effective as of the end of the then current Term, in which case the Agreement will not automatically renew. In the event that service is terminated pursuant to this section, you shall pay, upon being billed, all outstanding balances and any other costs incurred by ConEdison Solutions through the effective date of termination for which you have not already made payment. We will notify both you and your EDC of the termination of this Agreement at least 15 days prior to the effective date of any such termination. The effective date of the termination will be the next applicable meter read date after expiration of the required notice period. 13. PRIVACY STATEMENT. You authorize the release by your EDC to ConEdison Solutions of information relating to your account, including billing and payment history, account numbers, historical and future electricity usage, and meter readings. ConEdison Solutions will not give or sell your personal information to any unaffiliated party without your consent, unless we are required to do so by law, or it is necessary to protect our services, enforce our terms of service, or to prevent a violation of another party's rights. However, we may share your information with our consultants and contractors so that they may perform services for us, and, if our business or any portion of our business is sold, assigned to, or acquired by another entity, your customer information may also be transferred to that entity as one of our business assets. 14. POWER OUTAGES AND EMERGENCIES. In the event of an emergency, such as a power failure or a downed power line, you should call your EDC at the telephone number listed on your monthly bill or as provided below: Connecticut Light and Power 1-800-286-2000 United Illuminating 1-800-722-5584 15. CONTACT INFORMATION AND DISPUTE RESOLUTION PROCEDURES. If you have a question, concern, or complaint regarding ConEdison Solutions’ service, please contact our Customer Service Center at 1-888-320-8991. ConEdison Solutions will attempt to address any customer complaint within fifteen (15) days of its receipt and ConEdison Solutions and you agree to use good faith efforts to resolve any dispute that may arise. You may also contact the Connecticut Public Utilities Regulatory Authority in writing at Ten Franklin Square, New Britain, NY 06051, by calling 1-860-827-1553, or at www.ct.gov/pura. 16. GENERAL PROVISIONS. This Agreement, or any rights or obligations hereunder, may be assigned by ConEdison Solutions upon 30 days notice. This Agreement sets forth the entire agreement between the parties respecting the subject matter hereof, and all prior or contemporaneous agreements, understandings, and representations, whether oral or written, are merged in this Agreement. No waiver of any right under this Agreement shall be effective unless it is in writing and signed by an authorized representative of the party granting such waiver and no such waiver or failure to enforce a term or provision of this Agreement on any occasion shall be construed as a waiver of the same or any other term or condition on any other occasion. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut without recourse to such state’s choice of law rules, except that any dispute regarding the use of electronic signatures and records to form this Agreement shall be determined pursuant to the Electronic Records and Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001-7031. This Agreement is subject to all valid and applicable legislation and to all present and future orders, rules, and regulations of authorities having jurisdiction (collectively “Laws”) and both parties agree to comply with all such applicable Laws.
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