Common use of ROLE OF MUNICIPALITY Clause in Contracts

ROLE OF MUNICIPALITY. Notwithstanding anything to the contrary in this Agreement, the Municipality shall not receive, take title to, or be liable or responsible for the supply or delivery of, or the payments for, any All- Requirements Power Supply. It is and shall remain the sole obligation of the Competitive Supplier to arrange for delivery of All-Requirements Power Supply to Participating Consumers. The Parties specifically agree that the role of the Municipality is to: i) notify Competitive Supplier for inclusion in this Agreement or in amendments thereto, of any Municipality-imposed contractual terms and conditions under which All-Requirements Power Supply is to be provided by the Competitive Supplier under this Agreement; ii) reasonably assist the Competitive Supplier as set forth in Section 3.1, above, and Section 7.9 below, of this Agreement; iii) oversee the public education program provided that such responsibility shall not relieve the Competitive Supplier of its obligations, if any, set forth in this Agreement with respect to such program; iv) propose the text of the Opt-Out Notice to the Department for review and approval; and v) to the extent the Municipality elects, in its sole discretion and without having the obligation to do so and without creating any rights on behalf of any third party, act as consultant and advocate for Eligible Consumers with respect to the matters addressed in this Agreement. Both Parties expressly agree that the remedies available to the Competitive Supplier in the event of Municipality default are limited to the specific performance remedy described in Article 6.

ROLE OF MUNICIPALITY. Notwithstanding anything to the contrary in this Agreement, the Municipality shall not receive, take title to, or be liable or responsible for the supply or delivery of, or the payments for, any All- Requirements Power Supply. It is and shall remain the sole obligation of the Competitive Supplier to arrange for delivery of All-Requirements Power Supply to Participating Consumers. The Parties specifically agree that the role of the Municipality is to: i) notify Competitive Supplier for inclusion in this Agreement or in amendments thereto, of any Municipality-imposed contractual terms and conditions under which All-Requirements Power Supply is to be provided by the Competitive Supplier under this Agreement; ii) reasonably assist the Competitive Supplier as set forth in Section 3.1, above, and Section 7.9 below, of this AgreementAgreement ; iii) oversee the public education program provided that such responsibility shall not relieve the Competitive Supplier of its obligations, if any, set forth in this Agreement with respect to such program; iv) propose the text of the Optopt-Out Notice out notice to the Department for review and approval; and v) to the extent the Municipality elects, in its sole discretion and without having the obligation to do so and without creating any rights on behalf of any third party, act as consultant and advocate for Eligible Consumers with respect to the matters addressed in this Agreement. Both Parties expressly agree that the remedies available to the Competitive Supplier in the event of Municipality default are limited to the specific performance remedy described in Article 6.

ROLE OF MUNICIPALITY. Notwithstanding anything to the contrary in this Agreement, the Municipality shall not receive, take title to, or be liable or responsible for the supply or delivery of, or the payments for, any All- Requirements Power Supply. It is and shall remain the sole obligation of the Competitive Supplier to arrange for delivery of All-Requirements Power Supply to Participating Consumers. The Parties specifically agree that the role of the Municipality is to: i) notify Competitive Supplier for inclusion in this Agreement or in amendments thereto, of any Municipality-imposed contractual terms and conditions under which All-Requirements Power Supply is to be provided by the Competitive Supplier under this Agreement; ii) reasonably assist the Competitive Supplier as set forth in Section 3.1, above, and Section 7.9 below, of this Agreement; iii) oversee the public education program provided that such responsibility shall not relieve the Competitive Supplier of its obligations, if any, set forth in this Agreement with respect to such program; iv) propose the text of the Optopt-Out Notice out notice to the Department for review and approval; and v) to the extent the Municipality elects, in its sole discretion and without having the obligation to do so and without creating any rights on behalf of any third party, act as consultant and advocate for Eligible Consumers with respect to the matters addressed in this Agreement. Both Parties expressly agree that the remedies available to the Competitive Supplier in the event of Municipality default are limited to the specific performance remedy described in Article 6.

ROLE OF MUNICIPALITY. Notwithstanding anything to the contrary in this Agreement, the Municipality shall not receive, take title to, or be liable or responsible for the supply or delivery of, or the payments for, any All- Requirements Power Supply. It is and shall remain the sole obligation of the Competitive Supplier to arrange for delivery of All-Requirements Power Supply to Participating Consumers. The Parties specifically agree that the role of the Municipality is to: i) notify Competitive Supplier for inclusion in this Agreement or in amendments thereto, of any Municipality-imposed contractual terms and conditions under which All-Requirements Power Supply is to be provided by the Competitive Supplier under this Agreement; ii) reasonably assist the Competitive Supplier as set forth in Section 3.1, above, and Section 7.9 below, of this Agreement; iii) oversee the public education program provided that such responsibility shall not relieve the Competitive Supplier of its obligations, if any, set forth in this Agreement with respect to such program; iv) propose the text of the Optopt-Out Notice out notice to the Department for review and approval; and v) to the extent the Municipality elects, in its sole discretion and without having the obligation to do so and without creating any rights on behalf of any third party, act as consultant and advocate for Eligible Consumers with respect to the matters addressed in this Agreement. Both The Parties expressly agree that the remedies available to the Competitive Supplier in the event of Municipality default are limited to the specific performance remedy described in Article 6.