Capacity In Which Company Is Entering Into. This Agreement Each BGS-CIEP Supplier agrees and acknowledges that the Company is contracting for the provision of BGS-CIEP Supply from such Supplier as the agent for Customers receiving Basic Generation Service – Commercial and Industrial Energy Pricing on the Company’s distribution system pursuant to the authorizations provided to the Company under the Order. The BGS-CIEP Supplier further agrees and acknowledges that the Company will administer and monitor the BGS-CIEP Supplier’s performance in providing BGS-CIEP Supply under this Agreement and that the Company shall be entitled, on behalf of Customers, to enforce BGS-CIEP Suppliers’ obligations related to the provision of BGS-CIEP Supply. The BGS-CIEP Supplier hereby permanently and irrevocably waives any claim that Company is not entitled to seek enforcement of this Agreement on behalf of Customers. However, no Customer or group of Customers may seek enforcement of this Agreement directly against the BGS-CIEP Supplier on their own behalf, including independently or by joining in any legal action by the Company. This Agreement does not create, assign or grant to any Customer or group of Customers any rights in or claims to damages or remedies against the BGS-CIEP Supplier independent of or different from the rights expressly granted to the Company hereunder as agent for Customers. The Company is also contracting on its own behalf and not as agent for Customers insofar as this Agreement requires the Company: (i) to pay the BGS-CIEP Suppliers as required under this Agreement; and (ii) to provide data or to otherwise cooperate with a BGS-CIEP Supplier in connection with such BGS-CIEP Supplier’s provision of BGS- CIEP Supply. The Parties acknowledge that the Agreement is a forward contract and, accordingly, the Parties hereto are entitled to the protections of section 556 of the Bankruptcy Code. The Parties therefore agree that the Agreement may be terminated by either Party upon the commencement of a proceeding by the other Party under any chapter of the Bankruptcy Code in accordance with Section 5.2 of this Agreement.
