Customer Early Termination Damages. Except in connection with the closure of a facility associated with an ESI ID pursuant to Section 1.4, in connection with a Force Majeure Event, or as otherwise provided or excused in this Agreement, if Customer cancels this Agreement before the end of the Term and refuses to accept electric supply delivery from Gexa for any ESI ID(s), Gexa may charge Customer early termination damages equal to the sum of (a) the Retail Termination Payment, (b) the QSE Services Termination Payment, (c) the Quarterly and Annual Adjustment Payment, and (d) the Wholesale Transaction Termination Payment, as each of these terms are defined below (the sum total of these, the “Customer Early Termination Damages”). The “Retail Termination Payment” shall equal the product of (a) the Expected Usage for each ESI ID subject to Customer’s cancelation or refusal of electric supply delivery (“Customer Terminated Usage”) multiplied by (b) the sum of (i) the Aggregator Fee and (ii) the REP Services Fee specified in the REP Services Agreement. The “QSE Services Termination Payment” shall equal the product of
Customer Early Termination Damages. Except in connection with the closure of a facility associated with an ESI ID pursuant to Section 1.4, or in connection with a Force Majeure Event, if at any time during the Term of this Agreement Customer cancels this Agreement and refuses to accept delivery of electric supply from DE for any or all ESI ID(s), DE shall have the right to charge Customer early termination damages equal to the net present value (calculated at a ten percent (10%) annual discount rate) of an amount determined by multiplying the Expected Usage for the remainder of the Term for each ESI ID Customer cancels or refuses to accept delivery of electric supply by $0.00205 per kWh (“Customer Early Termination Damages”). In the event that the Customer Early Termination Penalty is charged due to a termination of the Agreement due to an Event of Default by Customer under this Agreement, then the Customer Early Termination Damages shall also include DE’s reasonable costs relating to the determination and collection of same, including attorney and consultant fees, incurred. Customer and DE agree that the provisions set forth in Section 3 relating to Billing and Payment shall apply to the billing, due date, and collection of any Customer Early Termination Damages. Customer agrees that the Customer Early Termination Damages herein is a reasonable estimate of the damages due DE for the failure to accept electric supply, and as such is not punitive in nature. These Customer Early Termination Damages shall not apply to any Customer termination of this Agreement for any Force Majeure Event or any other cancellation or early termination allowed to be made without charge or penalty under this Agreement.
Customer Early Termination Damages. Except in connection with the closure of a facility associated with an ESI ID pursuant to Section 1.4, in connection with a Force Majeure Event, or as otherwise provided or excused in this Agreement, if Customer cancels this Agreement before the end of the Term and refuses to accept electric supply delivery from Gexa for any ESI ID(s), Gexa may charge Customer early termination damages equal to the sum of (a) the Retail Termination Payment, (b) the QSE Services Termination Payment, (c) the Quarterly and Annual Adjustment Payment, and (d) the Wholesale Transaction Termination Payment, as each of these terms are defined below (the sum total of these, the “Customer Early Termination Damages”). The “Retail Termination Payment” shall equal the product of
