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
Appears in 6 contracts
Samples: Commercial Electricity Service Agreement, Commercial Electricity Service Agreement, Commercial Electricity Service Agreement
