Common use of GENERAL WARRANTY BY CUSTOMER Clause in Contracts

GENERAL WARRANTY BY CUSTOMER. Customer represents and warrants to Company that the aggregate peak demand of all of Customer’s ESI IDs is under 50 kW at all times in the most recent 12 months or that the ESI ID(s) to be served by this Agreement are classified as residential meters by the TDU and that Customer does not currently generate or consume electricity generated behind the Customer’s meter. In the event that the peak demand of all non-residential meters has exceeded 50 kW at any time in the past 12 months, Company may either: (i) provide Customer with a new Agreement and Price, which Customer can either accept or reject within 14 days of the date Company notifies Customer of such proposed new Agreement and Price; or (ii) terminate this Agreement upon 14 days written notice to Customer and move Customer to a Variable product. If Company sends a new Agreement and Price to Customer and Customer rejects such proposed new Agreement and Price, Company may terminate this Agreement upon 14 days written notice to Customer and move Customer to a Variable Product. Nothing herein shall relieve Customer of its obligation to pay Company for any Services provided to Customer.