Common use of Direct Load Control Programs Clause in Contracts

Direct Load Control Programs. Retail customers that are participants in the Company's EFT Program will either continue to be paid an EFT credit by the Company (Option 1) or will cease to be paid such EFT credits by the Company and, in lieu thereof, will receive compensation (if any) for their participation from the Supplier (Option 2). Supplier shall make its election designating either Option 1 or Option 2 in writing to the Company prior to submitting its first enrollment transaction pertaining to an EFT participant and agrees that such election will apply to all of Supplier's customers who are EFT participants. Supplier agrees that if it fails to provide such timely notice to the Company, all of Supplier's customers who are participants in the Company's EFT program will be assigned to Option 1. Subject to any necessary PJM approvals, Supplier may change its election annually by providing advance notice to the Company prior to May 1 of each year. Supplier understands that an election under Option 2 will trigger additional notification and/or disclosure requirements to customers pursuant to the Company's retail tariff Rider "EFT" and Commission rules and regulations. Supplier agrees that it will not provide an election to the Company under Option 2 if such election would cause the Supplier to violate any such Commission rules and regulations or be inconsistent with the Company's retail tariff Rider "EFT". It is the intent of the Company and Supplier that under Option 1, any load reduction benefits that would accrue under PJM rules as a result of the retail customers' participation in the EFT program would accrue to the Company and, similarly, it is the intent of the Company and Supplier that under Option 2, any load reduction benefits that accrue under PJM rules as a result of the retail customers' participation in the EFT program would accrue to the Supplier. Supplier agrees that any credits, payments, offsets to charges, or other consideration given by Supplier to a retail customer that may be validly enrolled by Supplier, that has the ability to reduce load upon demand and that is not a participant in the Company's EFT Program, shall be a matter of contract between Supplier and its customer and Supplier shall not represent to such customer that any consideration that the Company maybe providing to such customer will continue.

Direct Load Control Programs. Retail customers that are participants in the Company's EFT Program will either continue to be paid an EFT credit by the Company (Option 1) or will cease to be paid such EFT credits by the Company and, in lieu thereof, will receive compensation (if any) for their participation from the Supplier (Option 2). Supplier shall make its election designating either Option 1 or Option 2 in writing to the Company prior to submitting its first enrollment transaction pertaining to an EFT participant and agrees that such election will apply to all of Supplier's customers who are EFT participants. Supplier agrees that if it fails to provide such timely notice to the Company, all of Supplier's customers who are participants in the Company's EFT program will be assigned to Option 1. Subject to any necessary PJM approvals, Supplier may change its election annually by providing advance notice to the Company prior Companyprior to May 1 of each year. Supplier understands that an election under Option 2 will trigger additional notification and/or disclosure requirements to customers pursuant to the Company's retail tariff Rider "EFT" and Commission rules and regulations. Supplier agrees that it will not provide an election to the Company under Option 2 if such election would cause the Supplier to violate any such Commission rules and regulations or be inconsistent with the Company's retail tariff Rider "EFT". It is the intent of the Company and Supplier that under Option 1, any load reduction benefits that would accrue under PJM rules as a result of the retail customers' participation in the EFT program would accrue to the Company and, similarly, it is the intent of the Company and Supplier that under Option 2, any load reduction benefits that accrue under PJM rules as a result of the retail customers' participation in the EFT program would accrue to the Supplier. Supplier agrees that any credits, payments, offsets to charges, or other consideration given by Supplier to a retail customer that may be validly enrolled by Supplier, that has the ability to reduce load upon demand and that is not a participant in the Company's EFT Program, shall be a matter of contract between Supplier and its customer and Supplier shall not represent to such customer that any consideration that the Company maybe providing to such customer will continue.

Direct Load Control Programs. Retail customers that are participants in the Company's EFT Program will either continue to be paid an EFT credit by the Company (Option 1) or will cease to be paid such EFT credits by the Company and, in lieu thereof, will receive compensation (if any) for their participation from the Supplier (Option 2). Supplier shall make its election designating either Option 1 or Option 2 in writing to the Company prior to submitting its first enrollment transaction pertaining to an EFT participant and agrees that such election will apply to all of Supplier's customers who are EFT participants. Supplier agrees that if it fails to provide such timely notice to the Company, all of Supplier's customers who are participants in the Company's EFT program will be assigned to Option 1. Subject to any necessary PJM approvals, Supplier may change its election annually by annuallyby providing advance notice to the Company prior Companyprior to May 1 of each year. Supplier understands that an election under Option 2 will trigger additional notification and/or disclosure requirements to customers pursuant to the Company's retail tariff Rider "EFT" and Commission rules and regulations. Supplier agrees that it will not provide an election to the Company under Option 2 if such election would cause the Supplier to violate any such Commission rules and regulations or be inconsistent with the Company's retail tariff Rider "EFT". It is the intent of the Company and Supplier that under Option 1, any load reduction benefits that would accrue under PJM rules as a result of the retail customers' participation in the EFT program would accrue to the Company and, similarly, it is the intent of the Company and Supplier that under Option 2, any load reduction benefits that accrue under PJM rules as a result of the retail customers' participation in the EFT program would accrue to the Supplier. Supplier agrees that any credits, payments, offsets to charges, or other consideration given by Supplier to a retail customer that may be validly enrolled by Supplier, that has the ability to reduce load upon demand and that is not a participant in the Company's EFT Program, shall be a matter of contract between Supplier and its customer and Supplier shall not represent to such customer that any consideration anyconsideration that the Company maybe Companymaybe providing to such customer will continue.

Direct Load Control Programs. Retail customers that are participants in the Company's EFT Program will either continue to be paid an EFT credit by the Company (Option 1) or will cease to be paid such EFT credits by the Company and, in lieu thereof, will receive compensation (if any) for their participation from the Supplier (Option 2). Supplier shall make its election designating either Option 1 or Option 2 in writing to the Company prior to submitting its first enrollment transaction pertaining to an EFT participant and agrees that such election will apply to all of Supplier's customers who are EFT participants. Supplier agrees that if it fails to provide such timely notice to the Company, all of Supplier's customers who are participants in the Company's EFT program will be assigned to Option 1. Subject to any necessary PJM approvals, Supplier may change its election annually by providing advance notice to the Company prior to May 1 of each year. Supplier understands that an election under Option 2 will trigger additional notification and/or disclosure requirements to customers pursuant to the Company's retail tariff Rider "EFT" and Commission rules and regulations. Supplier agrees that it will not provide an election to the Company under Option 2 if such election would cause the Supplier to violate any such Commission rules and regulations or be inconsistent with the Company's retail tariff Rider "EFT". It is the intent of the Company and Supplier that under Option 1, any load reduction benefits that would accrue under PJM rules as a result of the retail customers' participation in the EFT program would accrue to the Company and, similarly, it is the intent of the Company and Supplier that under Option 2, any load reduction benefits that accrue under PJM rules as a result of the retail customers' participation in the EFT program would accrue to the Supplier. Supplier agrees that any credits, payments, offsets to charges, or other consideration given by Supplier to a retail customer that may be validly enrolled by Supplier, that has the ability to reduce load upon demand and that is not a participant in the Company's EFT Program, shall be a matter of contract between Supplier and its customer and Supplier shall not represent to such customer that any consideration that the Company maybe may be providing to such customer will continue.