Effective Date and Termination of Agreement. 11.1 The term of this Agreement shall commence as of the Effective Date and shall continue for a period of one year, unless sooner terminated as provided in Section 11.2. Notwithstanding the Effective Date, the CRES Provider acknowledges that it may not begin supplying any Competitive Retail Electric Services prior to the time it is in compliance with the provisions of this Agreement, PUCO orders and rules, and the Company's Retail Tariff. 11.2 This Agreement shall or may be terminated as follows: 11.2.1 In the event the CRES Provider ceases to provide Competitive Retail Electric Service to all customers in the Company's service territory or otherwise withdraws from the Choice Program, and so notifies the Company in writing in accordance with the notice requirements of Article 18, this Agreement shall terminate thirty (30) days following the date on which the CRES Provider ceases to have any active customers. 11.2.2 In the event of a Default (as defined in Section 12.1 of Article 12) by either Party ("Defaulting Party"), the other Party ("Non-Defaulting Party") may terminate this Agreement by providing written notice to the Defaulting Party, without prejudice to any remedies at law or in equity available to the Non-Defaulting Party by reason of the event of Default. 11.2.3 In the event that the Company elects in its sole discretion to terminate the Agreement by providing not less than thirty (30) days prior written notice to the CRES Provider. 11.3 Upon termination of this Agreement, the CRES Provider shall no longer be registered with the Company or authorized to provide Competitive Retail Electric Services in the Company's Choice Program. 11.4 The termination of this Agreement for any reason shall not relieve the Company or the CRES Provider of any obligation accrued or accruing prior to such termination. 11.5 Unless either party gives notice of termination thirty (30) days prior to October 31 (“Anniversary Date”) of each renewal year, the Agreement shall automatically renew for successive one- year terms, provided there is no Event of Default hereunder.
Appears in 5 contracts
Samples: Competitive Retail Electric Service Provider Agreement, Competitive Retail Electric Service Provider Agreement, Competitive Retail Electric Service Provider Agreement
Effective Date and Termination of Agreement. 11.1 9.1 The term of this Agreement shall commence as of the Effective Date and shall continue for a period of the lesser of (a) one yearyear or (b) until March 1 (the “Renewal Date”), unless sooner terminated as provided in Section 11.29.2. Notwithstanding the Effective Date, the CRES Provider Power Broker acknowledges that it may not begin supplying any Competitive Retail Electric Broker Services prior to the time it is in compliance with the provisions of this Agreement, PUCO orders and rules, and the Company's Retail Tariff.
11.2 9.2 This Agreement shall or may be terminated as follows:
11.2.1 9.2.1 In the event the CRES Provider Power Broker ceases to provide any Competitive Retail Electric Broker Service to all customers in the Company's service territory or otherwise withdraws from the Choice Program, and so notifies the Company in writing in accordance with the notice requirements of Article 1816, this Agreement shall terminate thirty (30) days following terminate.
9.2.2 In the date on which event the Power Broker is no longer a certified CRES Provider ceases to have any active customersprovide Competitive Retail Electric Broker Service or otherwise loses its PUCO certification or loses its authorization to conduct business in the State of Ohio, this Agreement shall terminate.
11.2.2 9.2.3 In the event of a Default (as defined in Section 12.1 10.1 of Article 1210) by either Party ("Defaulting Power Broker("Defaulting Party"), the other Party Company ("Non-Defaulting Party") may terminate this Agreement by providing written notice to the Defaulting Party, without prejudice to any remedies at law or in equity available to the Non-Defaulting Party by reason of the event of Default.
11.2.3 9.2.4 In the event that the Company elects in its sole discretion to terminate the Agreement by providing not less than thirty (30) days prior written notice to the CRES ProviderPower Broker.
11.3 9.3 Upon termination of this Agreement, the CRES Provider Power Broker shall no longer be registered with the Company or authorized to provide Competitive Retail Electric Broker Services in the Company's Choice Program.
11.4 9.4 The termination of this Agreement for any reason shall not relieve the Company or the CRES Provider of Power Brokerof any obligation accrued or accruing prior to such termination.
11.5 9.5 Unless there is an Event of Default or other non-compliance hereunder, or either party gives notice of termination thirty (30thirty(30) days prior to October 31 (“Anniversary the upcoming Renewal Date”) of each renewal year, the this Agreement shall automatically renew for successive one- one-year terms, provided there is no Event of Default hereunderterms from such Renewal Date.
Appears in 2 contracts
Samples: Competitive Retail Electric Service Provider Power Broker Agreement, Competitive Retail Electric Service Provider Power Broker Agreement
Effective Date and Termination of Agreement. 11.1 The term of this Agreement shall commence as of the Effective Date and shall continue for a period of one year, unless sooner terminated as provided in Section 11.2. Notwithstanding the Effective Date, the CRES Provider acknowledges that it may not begin supplying any Competitive Retail Electric Services prior to the time it is in compliance with the provisions of this Agreement, PUCO orders and rules, and the Company's Retail Tariff.
11.2 This Agreement shall or may be terminated as follows:
11.2.1 In the event the CRES Provider ceases to provide Competitive Retail Electric Service to all customers in the Company's service territory or otherwise withdraws from the Choice Program, and so notifies the Company in writing in accordance with the notice requirements of Article 18, this Agreement shall terminate thirty (30) days following the date on which the CRES Provider ceases to have any active customers.
11.2.2 In the event of a Default (as defined in Section 12.1 of Article 12) by either Party ("Defaulting Party"), the other Party ("Non-Defaulting Party") may terminate this Agreement by providing written notice to the Defaulting Party, without prejudice to any remedies at law or in equity available to the Non-Defaulting Party by reason of the event of Default.
11.2.3 In the event that the Company elects in its sole discretion to terminate the Agreement by providing not less than thirty sixty (3060) days prior written notice to the CRES Provider.
11.3 Upon termination of this Agreement, the CRES Provider shall no longer be registered with the Company or authorized to provide Competitive Retail Electric Services in the Company's Choice Program.
11.4 The termination of this Agreement for any reason shall not relieve the Company or the CRES Provider of any obligation accrued or accruing prior to such termination.
11.5 Unless either party gives notice of termination thirty (30) days prior to October 31 (“Anniversary Date”) of each renewal year, the Agreement shall automatically renew for successive one- year terms, provided there is no Event of Default hereunder.
Appears in 1 contract
Samples: Competitive Retail Electric Service Provider Agreement
Effective Date and Termination of Agreement. 11.1 9.1 The term of this Agreement shall commence as of the Effective Date and shall continue for a period of the lesser of (a) one yearyear or (b) until March 1 (the “Renewal Date”), unless sooner terminated as provided in Section 11.29.2. Notwithstanding the Effective Date, the CRES Provider Power Broker acknowledges that it may not begin supplying any Competitive Retail Electric Broker Services prior to the time it is in compliance with the provisions of this Agreement, PUCO orders and rules, and the Company's Retail Tariff.
11.2 9.2 This Agreement shall or may be terminated as follows:
11.2.1 9.2.1 In the event the CRES Provider Power Broker ceases to provide any Competitive Retail Electric Broker Service to all customers in the Company's service territory or otherwise withdraws from the Choice Program, and so notifies the Company in writing in accordance with the notice requirements of Article 1816, this Agreement shall terminate thirty (30) days following terminate.
9.2.2 In the date on which event the Power Broker is no longer a certified CRES Provider ceases to have any active customersprovide Competitive Retail Electric Broker Service or otherwise loses its PUCO certification or loses its authorization to conduct business in the State of Ohio, this Agreement shall terminate.
11.2.2 9.2.3 In the event of a Default (as defined in Section 12.1 10.1 of Article 1210) by either Party ("Defaulting Power Broker("Defaulting Party"), the other Party Company ("Non-Defaulting Party") may terminate this Agreement by providing written notice to the Defaulting Party, without prejudice to any remedies at law or in equity available to the Non-Defaulting Party by reason of the event of Default.
11.2.3 9.2.4 In the event that the Company elects in its sole discretion to terminate the Agreement by providing not less than thirty (30) days prior written notice to the CRES ProviderPower Broker.
11.3 9.3 Upon termination of this Agreement, the CRES Provider Power Broker shall no longer be registered with the Company or authorized to provide Competitive Retail Electric Broker Services in the Company's Choice Program.
11.4 9.4 The termination of this Agreement for any reason shall not relieve the Company or the CRES Provider of Power Brokerof any obligation accrued or accruing prior to such termination.
11.5 9.5 Unless there is an Event of Default or other non-compliance hereunder, or either party gives notice of termination thirty (30thirty(30) days prior to October 31 (“Anniversary the upcoming Renewal Date”) of each renewal year, the this Agreement shall automatically renew for successive one- one year terms, provided there is no Event of Default hereunderterms from such Renewal Date.
Appears in 1 contract
Samples: Competitive Retail Electric Service Provider Power Broker Agreement
Effective Date and Termination of Agreement. 11.1 9.1 The term of this Agreement shall commence as of the Effective Date and shall continue for a period of the lesser of (a) one yearyear or (b) until March 1 (the “Renewal Date”), unless sooner terminated as provided in Section 11.29.2. Notwithstanding the Effective Date, the CRES Provider Power Broker acknowledges that it may not begin supplying any Competitive Retail Electric Broker Services prior to the time it is in compliance with the provisions of this Agreement, PUCO orders and rules, and the Company's Retail Tariff.
11.2 9.2 This Agreement shall or may be terminated as follows:
11.2.1 9.2.1 In the event the CRES Provider Power Broker ceases to provide any Competitive Retail Electric Broker Service to all customers in the Company's service territory or otherwise withdraws from the Choice Program, and so notifies the Company in writing in accordance with the notice requirements of Article 1816, this Agreement shall terminate thirty (30) days following terminate.
9.2.2 In the date on which event the Power Broker is no longer a certified CRES Provider ceases to have any active customersprovide Competitive Retail Electric Broker Service or otherwise loses its PUCO certification or loses its authorization to conduct business in the State of Ohio, this Agreement shall terminate.
11.2.2 9.2.3 In the event of a Default (as defined in Section 12.1 10.1 of Article 1210) by either Party Power Broker ("Defaulting Party"), the other Party Company ("Non-Defaulting Party") may terminate this Agreement by providing written notice to the Defaulting Party, without prejudice to any remedies at law or in equity available to the Non-Defaulting Party by reason of the event of Default.
11.2.3 9.2.4 In the event that the Company elects in its sole discretion to terminate the Agreement by providing not less than thirty sixty (3060) days prior written notice to the CRES ProviderPower Broker.
11.3 9.3 Upon termination of this Agreement, the CRES Provider Power Broker shall no longer be registered with the Company or authorized to provide Competitive Retail Electric Broker Services in the Company's Choice Program.
11.4 9.4 The termination of this Agreement for any reason shall not relieve the Company or the CRES Provider Power Broker of any obligation accrued or accruing prior to such termination.
11.5 9.5 Unless there is an Event of Default or other non-compliance hereunder, or either party gives notice of termination thirty (30) days prior to October 31 (“Anniversary the upcoming Renewal Date”) of each renewal year, the this Agreement shall automatically renew for successive one- one year terms, provided there is no Event of Default hereunderterms from such Renewal Date.
Appears in 1 contract
Samples: Competitive Retail Electric Service Provider Power Broker Agreement
Effective Date and Termination of Agreement. 11.1 7.1 The term of this Agreement shall commence as of on the Effective Date above and shall continue for a period of one year, unless sooner terminated as provided in Section 11.27.2. Notwithstanding the Effective Date, the CRES Provider Aggregator acknowledges that it may not begin supplying any Competitive Retail Electric Services Aggregation Service prior to the time it is in compliance with the provisions of this Agreement, PUCO orders and rulesthe Rules, and the Company's Retail Tariff.
11.2 7.2 This Agreement shall or may be terminated as follows:
11.2.1 7.2.1 In the event the CRES Provider Aggregator ceases to provide Competitive Retail Electric any Aggregation Service to all customers in the Company's service territory or otherwise withdraws from the Choice Program, and so notifies the Company in writing in accordance with the notice requirements of Article 1814, this Agreement shall terminate thirty (30) days following the date on which the CRES Provider Aggregator ceases to have any active customers.
11.2.2 7.2.2 In the event the Aggregator offers to customers within the Company’s service territory a Competitive energy service beyond Aggregation Service, this Agreement shall terminate; provided, however, that the Aggregator and Company may enter into a Competitive Service Provider Agreement in the event the Aggregator becomes licensed as a Competitive service provider.
7.2.3 In the event of a Default (as defined in Section 12.1 8.1 of Article 12) 8) by either Party ("Defaulting Party"), the other Party ("Non-Defaulting Party") may terminate this Agreement by providing written notice to the Defaulting Party, without prejudice to any remedies at law or in equity available to the Non-Defaulting Party by reason of the event of Default.
11.2.3 In the event that the Company elects in its sole discretion to terminate the Agreement by providing not less than thirty (30) days prior written notice to the CRES Provider.
11.3 7.3 Upon termination of this Agreement, the CRES Provider Aggregator shall no longer be registered with the Company or authorized to provide Competitive Retail Electric Services Aggregation Service in the Company's Choice Programservice territory.
11.4 7.4 The termination of this Agreement for any reason shall not relieve the Company or the CRES Provider Aggregator of any obligation accrued or accruing prior to such termination, including but not limited to any obligation arising under Article 6.
11.5 Unless either party gives notice of termination thirty (30) days prior to October 31 (“Anniversary Date”) of each renewal year, the Agreement shall automatically renew for successive one- year terms, provided there is no Event of Default hereunder.
Appears in 1 contract
Samples: Aggregator Agreement
Effective Date and Termination of Agreement. 11.1 9.1 The term of this Agreement shall commence as of the Effective Date and shall continue for a period of the lesser of (a) one yearyear or (b) until March 1 (the “Renewal Date”), unless sooner terminated as provided in Section 11.29.2. Notwithstanding the Effective Date, the CRES Provider Power Broker acknowledges that it may not begin supplying any Competitive Retail Electric Broker Services prior to the time it is in compliance with the provisions of this Agreement, PUCO orders and rules, and the Company's Retail Tariff.
11.2 9.2 This Agreement shall or may be terminated as follows:
11.2.1 9.2.1 In the event the CRES Provider Power Broker ceases to provide any Competitive Retail Electric Broker Service to all customers in the Company's service territory or otherwise withdraws from the Choice Program, and so notifies the Company in writing in accordance with the notice requirements of Article 1816, this Agreement shall terminate thirty (30) days following terminate.
9.2.2 In the date on which event the Power Broker is no longer a certified CRES Provider ceases to have any active customersprovide Competitive Retail Electric Broker Service or otherwise loses its PUCO certification or loses its authorization to conduct business in the State of Ohio, this Agreement shall terminate.
11.2.2 9.2.3 In the event of a Default (as defined in Section 12.1 10.1 of Article 1210) by either Party Power Broker ("Defaulting Party"), the other Party Company ("Non-Defaulting Party") may terminate this Agreement by providing written notice to the Defaulting Party, without prejudice to any remedies at law or in equity available to the Non-Defaulting Party by reason of the event of Default.
11.2.3 9.2.4 In the event that the Company elects in its sole discretion to terminate the Agreement by providing not less than thirty (30) days prior written notice to the CRES ProviderPower Broker.
11.3 9.3 Upon termination of this Agreement, the CRES Provider Power Broker shall no longer be registered with the Company or authorized to provide Competitive Retail Electric Broker Services in the Company's Choice Program.
11.4 9.4 The termination of this Agreement for any reason shall not relieve the Company or the CRES Provider Power Broker of any obligation accrued or accruing prior to such termination.
11.5 9.5 Unless there is an Event of Default or other non-compliance hereunder, or either party gives notice of termination thirty (30) days prior to October 31 (“Anniversary the upcoming Renewal Date”) of each renewal year, the this Agreement shall automatically renew for successive one- one year terms, provided there is no Event of Default hereunderterms from such Renewal Date.
Appears in 1 contract
Samples: Competitive Retail Electric Service Provider Power Broker Agreement
Effective Date and Termination of Agreement. 11.1 8.1 The term of this Agreement shall commence as of on the ("Effective Date Date") above and shall continue for a period of one year, unless sooner terminated as provided in Section 11.28.2. Notwithstanding the Effective Date, the CRES Provider CSP acknowledges that it may not begin supplying any Competitive Retail Electric Energy Services prior to the time it is in compliance with the provisions of this Agreement, PUCO orders and rulesthe Rules, and the Company's Retail Tariff.
11.2 8.2 This Agreement shall or may be terminated as follows:
11.2.1 8.2.1 In the event the CRES Provider CSP permanently ceases to provide any Competitive Retail Electric Energy Service to all customers in the Company's service territory or otherwise withdraws from the Choice Program, and so notifies the Company in writing in accordance with the notice requirements of Article 1815, this Agreement shall terminate thirty (30) days following the date on which the CRES Provider CSP permanently ceases to have any active customers; provided, further, such termination shall not extinguish any remaining or outstanding obligations of the CSP to Company.
11.2.2 8.2.2 In the event of a Default (as defined in Section 12.1 9.1 of Article 129) by either Party ("Defaulting Party"), the other Party ("Non-Defaulting Party") may terminate this Agreement by providing written notice to the Defaulting Party, without prejudice to any remedies at law or in equity available to the Non-Defaulting Party by reason of the event of Default.
11.2.3 In the event that the Company elects in its sole discretion to terminate the Agreement by providing not less than thirty (30) days prior written notice to the CRES Provider.
11.3 8.3 Upon termination of this Agreement, the CRES Provider CSP shall no longer be registered with the Company or authorized to provide Competitive Retail Electric Energy Services in the Company's Choice Programservice territory.
11.4 8.4 The termination of this Agreement for any reason shall not relieve the Company or the CRES Provider CSP of any obligation accrued or accruing prior to such termination, including but not limited to any obligation arising under Article 6.
11.5 Unless either party gives notice of termination thirty (30) days prior to October 31 (“Anniversary Date”) of each renewal year, the Agreement shall automatically renew for successive one- year terms, provided there is no Event of Default hereunder.
Appears in 1 contract
Effective Date and Termination of Agreement. 11.1 The term of this Agreement shall commence as of be five (5) years commencing on the Effective Date and shall continue for a period of one year, unless sooner terminated as provided date set forth in Section 11.2. Notwithstanding the introductory paragraph hereof (the "Effective Date"), the CRES Provider acknowledges that it may and such term shall automatically continue in effect thereafter until terminated by either Party on not begin supplying any Competitive Retail Electric Services prior less than ninety (90) days written notice to the time it is in compliance with other Party.
11.2 Notwithstanding the provisions of paragraph 11.1 above, this Agreement, PUCO orders and rules, and the Company's Retail Tariff.
11.2 This Agreement shall or may be terminated as follows:at any time and for any reasons by either Party on not less than ninety (90) days' written notice.
11.2.1 In 11.3 Notwithstanding the provisions of paragraph 11.1 hereof, in the event of failure or neglect of either Party to fulfill any of the CRES Provider ceases to provide Competitive Retail Electric Service to all customers covenants or provisions of this Agreement or of a Technical Assistance Plan or Joint Research Plan in the Company's service territory or otherwise withdraws from the Choice Programany material respect, and so notifies the Company in writing in accordance with the notice requirements of Article 18, this Agreement shall terminate if such default is not cured within thirty (30) days following after notice of such default has been given, then the date on which Party giving such notice shall have the CRES Provider ceases right to have any active customers.
11.2.2 In the event of a Default (as defined in Section 12.1 of Article 12) by either Party ("Defaulting Party"), the other Party ("Non-Defaulting Party") may terminate this Agreement at any time thereafter, provided that the default is still in existence, by providing giving written notice of such termination to the Defaulting defaulting Party, without prejudice to any remedies at law or in equity available to the Non-Defaulting Party by reason of the event of Default.
11.2.3 In the event that the Company elects in its sole discretion to terminate the Agreement by providing not less than thirty (30) days prior written notice to the CRES Provider.
11.3 Upon termination of this Agreement, the CRES Provider shall no longer be registered with the Company or authorized to provide Competitive Retail Electric Services in the Company's Choice Program.
11.4 The Unless otherwise specifically agreed by the Parties, a termination of this Agreement for any reason shall not relieve result in the Company or the CRES Provider termination of any obligation accrued Technical Assistance Plan or accruing prior to such terminationJoint Research Plan already effective, nor shall the termination of any Technical Assistance Plan or Joint Research Plan result in the termination of this Agreement or any other Technical Assistance Plan or Joint Research Plan already effective.
11.5 Unless Any termination pursuant to paragraph 11.2 or 11.3 shall neither prejudice nor eliminate any available rights or remedies of either party gives notice Party which accrued before the date of termination, nor shall it relieve either Party from any obligations which accrued before the date of termination thirty (30) days prior to October 31 (“Anniversary Date”) under the provisions of each renewal year, the this Agreement shall automatically renew for successive one- year terms, provided there is no Event of Default hereunderor any Technical Assistance Plan or Joint Research Plan.
Appears in 1 contract
Effective Date and Termination of Agreement. 11.1 9.1 The term of this Agreement shall commence as of the Effective Date and shall continue for a period of one year, unless sooner terminated as provided in Section 11.29.2. Notwithstanding the Effective Date, the CRES Provider acknowledges that it may not begin supplying any Competitive Retail Electric Energy Services prior to the time it is in compliance with the provisions of this Agreement, PUCO orders and rules, and the Company's Retail Tariff.
11.2 9.2 This Agreement shall or may be terminated as follows:
11.2.1 9.2.1 In the event the CRES Provider ceases to provide any Competitive Retail Electric Energy Service to all customers in the Company's service territory or otherwise withdraws from the Choice Program, and so notifies the Company in writing in accordance with the notice requirements of Article 1816, this Agreement shall terminate thirty (30) days following the date on which the CRES Provider ceases to have any active customers.
11.2.2 9.2.2 In the event of a Default (as defined in Section 12.1 10.1 of Article 1210) by either Party ("Defaulting Party"), the other Party ("Non-Defaulting Party") may terminate this Agreement by providing written notice to the Defaulting Party, without prejudice to any remedies at law or in equity available to the Non-Defaulting Party by reason of the event of Default.
11.2.3 9.2.3 In the event that the Company elects in its sole discretion to terminate the Agreement by providing not less than thirty sixty (3060) days prior written notice to the CRES Provider.
11.3 9.3 Upon termination of this Agreement, the CRES Provider shall no longer be registered with the Company or authorized to provide Competitive Retail Electric Energy Services in the Company's Choice Program.
11.4 9.4 The termination of this Agreement for any reason shall not relieve the Company or the CRES Provider of any obligation accrued or accruing prior to such termination.
11.5 Unless 9.5 This Agreement shall automatically renew for successive one year terms, unless either party gives provides notice of termination its election not to renew at least thirty (30) days prior to October 31 (“Anniversary Date”) the expiration of each renewal year, the Agreement shall automatically renew for successive one- year terms, provided there is no Event of Default hereunderthen current term.
Appears in 1 contract
Samples: Competitive Retail Electric Service Provider Agreement