Common use of Termination by XOOM Clause in Contracts

Termination by XOOM. XOOM may cancel this Agreement for any reason by giving at least (35) days written notice of its intention to terminate, regardless of whether or not the reason for termination is remedied after notice. Termination becomes effective upon the processing of XOOM’s cancellation request by the LDC. You shall be obligated to pay for the electricity supply service provided by XOOM pursuant to the Agreement prior to the date that such cancellation becomes effective, including any application LDC late fees, or other fees or charges. Should XOOM terminate the Agreement, you will be returned to your LDC’s default electricity supply service unless you choose another electric supplier. XOOM may also cancel this Agreement by giving fifteen (15) days written notice for nonpayment. If we terminate this Agreement for non-payment by you, you shall be responsible for any applicable Cost Recovery Fee. Changes to the Agreement:XOOM may make changes to any term or condition in this Agreement at any time except for the electricity price. We will notify you of any material change to the Agreement in writing at least forty- five (45) days before any such change be applied to your bill or take effect. If you do not terminate the Agreement before the effective date of the change, the change will become effective on the date stated in the notice. Notice is not required for a change that is beneficial to you. Notwithstanding any other provision in this Agreement, XOOM reserves the right to change the electricity price in this Agreement upon the occurrence of any event beyond XOOM’s reasonable control that increases our obligations or the cost of performing such obligations under this Agreement. If we request such a change, XOOM will provide you notice of the changed price and you will have an opportunity to terminate this Agreement without any further obligation by notifying us in writing within fifteen (15) days after receiving notice of the new price, in which case your electricity supply service will terminate effective as of the next meter read date after expiration of the required notice period. You will remain responsible for any unpaid balance as of the termination date but we will not assess the Cost Recovery Fee. Moving:When moving to an address within your LDC’s service territory, XOOM will make every effort to transfer your service to your new service address when you move to an address within your LDC’s service territory, provided that you notify XOOM within fifteen (15) days of your move. If a transfer of service is not successful or you move to a location outside your LDC’s service territory, you may cancel this Agreement at no cost to you. Failure to notify XOOM of your move will be considered a cancellation of this Agreement in accordance with its terms.

Termination by XOOM. XOOM may cancel this Agreement for any reason by giving at least thirty (3530) days written notice of its intention to terminate, regardless of whether or not the reason for termination is remedied after notice. Termination becomes effective upon the processing of XOOM’s cancellation request by the LDC. You shall be obligated to pay for the electricity supply service provided by XOOM pursuant to the Agreement prior to the date that such cancellation becomes effective, including any application LDC late fees, or other fees or charges. Should XOOM terminate the Agreement, you will be returned to your LDC’s default electricity supply service unless you choose another electric supplier. XOOM may also cancel this Agreement by giving fifteen (15) days written notice for nonpayment. If we terminate this Agreement for non-payment by you, you shall be responsible for any applicable Cost Recovery Fee. Changes to the Agreement:XOOM may make changes to any term or condition in this Agreement at any time except for the electricity price. We will notify you of any material change to the Agreement in writing at least forty- five (45) days before any such change be applied to your bill or take effect. If you do not terminate the Agreement before the effective date of the change, the change will become effective on the date stated in the notice. Notice is not required for a change that is beneficial to you. Notwithstanding any other provision in this Agreement, XOOM reserves the right to change the electricity price in this Agreement upon the occurrence of any event beyond XOOM’s reasonable control that increases our obligations or the cost of performing such obligations under this Agreement. If we request such a change, XOOM will provide you notice of the changed price and you will have an opportunity to terminate this Agreement without any further obligation by notifying us in writing within fifteen (15) days after receiving notice of the new price, in which case your electricity supply service will terminate effective as of the next meter read date after expiration of the required notice period. You will remain responsible for any unpaid balance as of the termination date but we will not assess the Cost Recovery Fee. Moving:When moving to an address within your LDC’s service territory, XOOM will make every effort to transfer your service to your new service address when you move to an address within your LDC’s service territory, provided that you notify XOOM within fifteen (15) days of your move. If a transfer of service is not successful or you move to a location outside your LDC’s service territory, you may cancel this Agreement at no cost to you. Failure to notify XOOM of your move will be considered a cancellation of this Agreement in accordance with its terms.

Termination by XOOM. XOOM may cancel this Agreement for any reason due to a default of obligations in the Agreement by giving at least thirty (3530) days written notice of its intention to terminate, regardless of whether or not the reason for termination is remedied after notice. Termination becomes effective upon the processing of XOOM’s cancellation request by the LDCyour local utility. You shall be obligated to pay for the electricity supply service provided by XOOM pursuant to the Agreement prior to the date that such cancellation becomes effective, including any application LDC of your local utility’s late fees, or other fees or charges. Should XOOM terminate the Agreement, you will be returned to your LDClocal utility’s default electricity supply service unless you choose another electric supplier. Credit, Payment and Collection: Your bill will be based on monthly meter readings provided to XOOM by your local utility. If there is an error in your meter reading, XOOM will adjust its bill to you upon your local utility providing a corrected meter reading to XOOM. This Agreement is contingent upon a satisfactory credit review and maintenance of good credit and may require a deposit. XOOM reserves the right to require a deposit from you prior to providing electricity should XOOM find your credit is unsatisfactory. If XOOM holds your deposit longer than thirty (30) days, your deposit will accrue interest from the day it was received by XOOM at a rate in accordance with applicable law. You represent that you are financially able and willing to fulfill the terms of services of this Agreement and that you have not filed, are not in the process of filing or do not plan to begin any bankruptcy proceedings. The charge for XOOM’s purchases of electricity will be included on your local utility bill and will be due on the date specified in your local utility bill. XOOM’s charges not paid by their due date are subject to a late payment fee at the greater of the rate of 1.5%, or the maximum permitted by law, based on your total outstanding balance per month. XOOM will charge a $35 return check fee for all returned checks. XOOM may also cancel terminate this Agreement by giving fifteen with thirty (1530) days written notice for nonpayment. If we terminate this Agreement for non-payment payment. XOOM may not physically cut off your electricity service, which will be provided by youyour local utility. In all events, you shall remain obligated to pay for all electricity received by you and any interest, fees and penalties incurred by XOOM. You will also be responsible for any applicable Cost Recovery Fee. Changes all reasonable costs, including legal fees, associated with the collection of amounts owed to the Agreement:XOOM may make changes to any term or condition in this Agreement at any time except for the electricity price. We will notify you of any material change to the Agreement in writing at least forty- five (45) days before any such change be applied to your bill or take effect. If you do not terminate the Agreement before the effective date of the change, the change will become effective on the date stated in the notice. Notice is not required for a change that is beneficial to you. Notwithstanding any other provision in this Agreement, XOOM reserves the right to change the electricity price in this Agreement upon the occurrence of any event beyond XOOM’s reasonable control that increases our obligations or the cost of performing such obligations under this Agreement. If we request such a change, XOOM will provide you notice of the changed price and you will have an opportunity to terminate this Agreement without any further obligation by notifying us in writing within fifteen (15) days after receiving notice of the new price, in which case your electricity supply service will terminate effective as of the next meter read date after expiration of the required notice period. You will remain responsible for any unpaid balance as of the termination date but we will not assess the Cost Recovery Fee. Moving:When moving to an address within your LDC’s service territory, XOOM will make every effort to transfer your service to your new service address when you move to an address within your LDC’s service territory, provided that you notify XOOM within fifteen (15) days of your move. If a transfer of service is not successful or you move to a location outside your LDC’s service territory, you may cancel this Agreement at no cost to you. Failure to notify XOOM of your move will be considered a cancellation of this Agreement in accordance with its terms.

Termination by XOOM. XOOM may cancel terminate this Agreement for any reason by giving at least upon (3530) days days’ written notice of its intention to terminate, regardless of whether or not the reason for termination is remedied after notice. Termination becomes The effective upon termination date will occur on the processing of next applicable meter read date after any applicable notice period. Upon termination by XOOM’s cancellation request by the LDC. You shall be obligated to pay for the electricity supply service provided by XOOM pursuant to the Agreement prior to the date that such cancellation becomes effective, including any application LDC late fees, or other fees or charges. Should XOOM terminate the Agreement, you will be returned to your LDCthe Local Utility’s default electricity supply standard offer service unless or you may choose another electric electricity supplier. XOOM may also cancel Your obligations under this Agreement by giving fifteen (15) days written notice for nonpaymentwill end when your account balance is paid in full. If we terminate this Agreement for non-payment by you, you shall be responsible for any applicable Cost Recovery Early Termination Fee. Note: Your local utility is required by law to notify us if you begin receiving energy assistance through an approved program. If you are so identified by your utility or otherwise, we will notify you that your contract will be promptly cancelled early, and your service will be switched to your local utility’s standard offer supply service. You will not be charged a cancellation fee. Once so identified: (i) we will continue to charge you your current contract price for the remainder of your service unless your local utility’s standard offer price is lower; and (ii) you will forfeit the ability to earn any awards from us. Changes to the Agreement:: XOOM may make changes to any term or condition in this Agreement at any time except for the electricity price. We will notify you of any material change to the Agreement in writing at least forty- five (45) days before any such change be applied to your bill or take effect. If you do not terminate the Agreement before the effective date of the change, the change will become effective on the date stated in the notice. Notice is not required for a change that is beneficial to you. Notwithstanding any other provision in this Agreement, XOOM reserves the right to change the electricity price in this Agreement upon the occurrence of any event beyond XOOM’s reasonable control that increases our obligations or the cost of performing such obligations under this Agreement. If we request such a change, XOOM will provide you notice of the changed price and you will have an opportunity to terminate this Agreement without any further obligation by notifying us in writing within fifteen (15) days after receiving notice of the new price, in which case your electricity supply service will terminate effective as of the next meter read date after expiration of the required notice period. You will remain responsible for any unpaid balance as of the termination date but we will not assess the Cost Recovery Early Termination Fee. Moving:: When moving to an address within your LDCLocal Utility’s service territory, XOOM will make every effort to transfer your service to your new service address when you move to an address within your LDCLocal Utility’s service territory, provided that you notify XOOM within fifteen (15) days of your move. If a transfer of service is not successful or you move to a location outside your LDCLocal Utility’s service territory, you may cancel this Agreement at no cost to you. Failure to notify XOOM of your move will be considered a cancellation of this Agreement in accordance with its terms.

Termination by XOOM. XOOM may cancel terminate this Agreement for any reason by giving at least upon (3530) days days’ written notice of its intention to terminate, regardless of whether or not the reason for termination is remedied after notice. Termination becomes The effective upon termination date will occur on the processing of next applicable meter read date after any applicable notice period. Upon termination by XOOM’s cancellation request by the LDC. You shall be obligated to pay for the electricity supply service provided by XOOM pursuant to the Agreement prior to the date that such cancellation becomes effective, including any application LDC late fees, or other fees or charges. Should XOOM terminate the Agreement, you will be returned to your LDCthe Local Utility’s default electricity supply standard offer service unless or you may choose another electric natural gas supplier. XOOM may also cancel Your obligations under this Agreement by giving fifteen (15) days written notice for nonpaymentwill end when your account balance is paid in full. If we terminate this Agreement for non-payment by you, you shall be responsible for any applicable Cost Recovery Early Termination Fee. Note: Your local utility is required by law to notify us if you begin receiving energy assistance through an approved program. If you are so identified by your utility or otherwise, we will notify you that your contract will be promptly cancelled early, and your service will be switched to your local utility’s standard offer supply service. You will not be charged a cancellation fee. Once so identified: (i) we will continue to charge you your current contract price for the remainder of your service unless your local utility’s standard offer price is lower; and (ii) you will forfeit the ability to earn any awards from us. Changes to the Agreement:: XOOM may make changes to any term or condition in this Agreement at any time except for the electricity natural gas price. We will notify you of any material change to the Agreement in writing at least forty- five (45) days before any such change be applied to your bill or take effect. If you do not terminate the Agreement before the effective date of the change, the change will become effective on the date stated in the notice. Notice is not required for a change that is beneficial to you. Notwithstanding any other provision in this Agreement, XOOM reserves the right to change the electricity natural gas price in this Agreement upon the occurrence of any event beyond XOOM’s reasonable control that increases our obligations or the cost of performing such obligations under this Agreement. If we request such a change, XOOM will provide you notice of the changed price and you will have an opportunity to terminate this Agreement without any further obligation by notifying us in writing within fifteen (15) days after receiving notice of the new price, in which case your electricity natural gas supply service will terminate effective as of the next meter read date after expiration of the required notice period. You will remain responsible for any unpaid balance as of the termination date but we will not assess the Cost Recovery Early Termination Fee. Moving:: When moving to an address within your LDCLocal Utility’s service territory, XOOM will make every effort to transfer your service to your new service address when you move to an address within your LDCLocal Utility’s service territory, provided that you notify XOOM within fifteen (15) days of your move. If a transfer of service is not successful or you move to a location outside your LDCLocal Utility’s service territory, you may cancel this Agreement at no cost to you. Failure to notify XOOM of your move will be considered a cancellation of this Agreement in accordance with its terms.