Common use of Agreement to Govern Clause in Contracts

Agreement to Govern. The Parties named in this Agreement are bound by the terms set forth herein, the applicable terms contained in the Company’s Retail Electric Tariff, as it may change from time to time, and the terms otherwise incorporated herein by reference. This Agreement shall govern the business relationship between the Parties hereto by which the Supplier shall provide electric supply services to its Customers via the Company’s Delivery System. Federal Energy Regulatory Commission (“FERC”) Jurisdiction. The inclusion of FERC-jurisdictional matters within the scope of this Agreement is intended solely for informational purposes and is not intended to accord any jurisdictional authority over such matters to the Commission. If anything stated herein is found by the FERC to conflict with or to be inconsistent with any provision of the Federal Power Act (“FPA”), or any rule, regulation, order or determination of the FERC under the FPA, the applicable FERC rule, regulation, order or determination of the FPA shall control. To the extent required under any provision of the FPA, or any rule, regulation, order or determination of the FERC under the FPA, the Company shall secure, from time to time, all appropriate orders, approvals and determinations from the FERC necessary to support this Agreement. Supplier Obligations. The Supplier will be required to: (i) satisfy the creditworthiness standards of the Company and/or the Commission; (ii) obtain a certificate from the Commission and any other appropriate Delaware State agencies for participation in the Delaware retail electric supply market; (iii) execute all appropriate PJM applications and agreements; and (iv) demonstrate, prior to Customer assignment, that it has the technical competence (e.g., communication capabilities) necessary to comply with Electronic Data Interchange (“EDI”) standards for the exchange of information, which are initially set in consultation with various potential Suppliers, and may from time to time be modified, by the Commission. The foregoing requirements represent conditions precedent to the Company’s obligations hereunder. Parties’ Obligations. The Company shall provide such Supplier Services as necessary for the delivery of the Supplier’s energy and capacity to serve Customer load located within the Company's Service Territory. The Company and the Supplier will cooperate in order to ensure delivery of Competitive Electric Supply to Customers as provided for by the Applicable Legal Authorities. The Supplier must make all necessary arrangements for obtaining Competitive Electric Supply in a quantity sufficient to serve its Customers. The Supplier and the Company shall supply to each other all data, materials or other information that is specified in this Agreement, or that may otherwise be reasonably required by the Supplier or the Company in connection with their obligations under this Agreement, in a thorough and timely manner. PJM Services and Obligations. The Supplier is responsible for procuring transmission and other services provided by the PJM OI that are necessary for the delivery of Competitive Electric Supply to its customers. In addition, the Supplier must satisfy all obligations which are imposed on LSEs in the PJM Control Area. The Supplier must make all necessary arrangements for scheduling and furnishing the energy and capacity for its Customers through the PJM OI and in accordance with the applicable system requirements of PJM. The Company and the Supplier shall coordinate with the PJM OI to determine the magnitude and location of the Supplier’s actual or projected load, as required by the PJM OI, for the purpose of calculating the appropriate firm transmission service reservation, installed capacity obligation, or other requirements under the PJM Tariff, PJM Reliability Assurance Agreement, PJM Operating Agreement and any other applicable PJM agreement (collectively, the PJM Agreements). The Supplier shall meet all applicable reliability standards established by the Mid- Atlantic Area Council of the North American Electric Reliability Council or its successor, PJM or its successor, FERC, the Commission, or any other State, regional, federal or industry body with authority to establish reliability standards. Characteristics of Service. The delivery service specified and furnished by the Company shall consist of sixty (60) hertz, single phase or three phase alternating current at one standard primary or secondary voltage. The type of service (number of phases and voltages) available varies with location and load. Voltage delivered to the Customers’ facilities normally will be maintained within the limits prescribed by the regulations of the Commission, except under emergency conditions and/or conditions beyond the reasonable control of the Company.

Agreement to Govern. The Parties named in this Agreement are bound by the terms set forth herein, the applicable terms contained in the Company’s Retail Electric Tariff, as it may change from time to time, and the terms otherwise incorporated herein by reference. This Agreement shall govern the business relationship between the Parties hereto by which the Supplier shall provide electric supply services to its Customers via the Company’s Delivery System. Federal Energy Regulatory Commission (“FERC”) Jurisdiction. The inclusion of FERC-jurisdictional matters within the scope of this Agreement is intended solely for informational purposes and is not intended to accord any jurisdictional authority over such matters to the Commission. If anything stated herein is found by the FERC to conflict with or to be inconsistent with any provision of the Federal Power Act (“FPA”), or any rule, regulation, order or determination of the FERC under the FPA, the applicable FERC rule, regulation, order or determination of the FPA shall control. To the extent required under any provision of the FPA, or any rule, regulation, order or determination of the FERC under the FPA, the Company shall secure, from time to time, all appropriate orders, approvals and determinations from the FERC necessary to support this Agreement. Supplier Obligations. The Supplier will be required to: (i) satisfy the creditworthiness standards of the Company and/or the Commission; (ii) obtain a certificate from the Commission and any other appropriate Delaware State agencies for participation in the Delaware retail electric supply marketsupplymarket; (iii) execute all appropriate PJM applications and agreements; and (iv) demonstrate, prior to Customer assignment, that it has the technical competence (e.g., communication capabilities) necessary to comply with Electronic Data Interchange (“EDI”) standards for the exchange of information, which are initially set in consultation with various potential Suppliers, and may from time to time be modified, by the Commission. The foregoing requirements represent conditions precedent to the Company’s obligations hereunder. Parties’ Obligations. The Company shall provide such Supplier Services as necessary for the delivery of the Supplier’s energy and capacity to serve Customer load located within the Company's Service Territory. The Company and the Supplier will cooperate in order to ensure delivery of Competitive Electric Supply to Customers as provided for by the Applicable Legal Authorities. The Supplier must make all necessary arrangements for obtaining Competitive Electric Supply in a quantity sufficient to serve its Customers. The Supplier and the Company shall supply to each other all data, materials or other information that is specified in this Agreement, or that may otherwise be reasonably required by the Supplier or the Company in connection with their obligations under this Agreement, in a thorough and timely manner. PJM Services and Obligations. The Supplier is responsible for procuring transmission and other services provided by the PJM OI that are necessary for the delivery of Competitive Electric Supply to its customers. In addition, the Supplier must satisfy all obligations which are imposed on LSEs in the PJM Control Area. The Supplier must make all necessary arrangements for scheduling and furnishing the energy and capacity for its Customers through the PJM OI and in accordance with the applicable system requirements of PJM. The Company and the Supplier shall coordinate with the PJM OI to determine the magnitude and location of the Supplier’s actual or projected load, as required by the PJM OI, for the purpose of calculating the appropriate firm transmission service reservation, installed capacity obligation, or other requirements under the PJM Tariff, PJM Reliability Assurance Agreement, PJM Operating Agreement and any other applicable PJM agreement (collectively, the PJM Agreements). The Supplier shall meet all applicable reliability standards established by the Mid- Atlantic Area Council of the North American Electric Reliability Council or its successor, PJM or its successor, FERC, the Commission, or any other State, regional, federal or industry body with authority to establish reliability standards. Characteristics of Service. The delivery service specified and furnished by the Company shall consist of sixty (60) hertz, single phase or three phase alternating current at one standard primary or secondary voltage. The type of service (number of phases and voltages) available varies with location and load. Voltage delivered to the Customers’ facilities normally will be maintained within the limits prescribed by the regulations of the Commission, except under emergency conditions and/or conditions beyond the reasonable control of the Company.