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Power Electric™ SERVICE TERMS RESIDENTIAL AND SMALL BUSINESS CUSTOMERS General - These ReGen Service Terms will be referred to as the "Agreement". The words "we", "our" and "us" shall mean Sun Power Electric and the words "you" and "your" shall mean the person listed on the enclosed enrollment or acknowledgment form. Term - Service will begin on the first day of the month following your enrollment and will extend until canceled by you or us. You may cancel your service at any time by calling Sun Power Electric at 1-800-689-7957. Cancellation will be effective on the first day of the month following your call to cancel. Service - We will provide you with the number of ReGen Blocks you requested. Each Block represents 2,000 kilowatt-hours per year (averaged over the course of one year) of tradable renewable certificates that we will arrange to be generated and sold into New England’s electric power grid on your behalf. Currently ReGen consists of 99% biomass and 1% solar certificates. Every year we will provide you with a ReGen Product Content Label, listing updated product content information. We are not selling you electricity. You will continue to purchase electricity from your local electric distribution company or another supplier. You are not authorizing us to switch you to a different electricity supplier. Price - All ReGen Blocks will cost $6.00 per month (or $18.00 per quarter) from January 1, 2002 through December 31, 2003. Pricing for 2004 will be provided with a minimum of three months written notice prior to 1/1/04. Payment - Starting on the day your ReGensm Service begins, Sun Power Electric will bill you quarterly at the beginning of each quarter for the service we will provide to you during that quarter. Bills are due 25 days from issuance. You agree to pay $10.00 per occurrence for all returned checks. We may terminate your service without further notice if you fail to pay amounts due within 60 days of issuance and/or seek protection under any bankruptcy or insolvency laws. Assignment — You may assign this Agreement to a third party with our prior written consent. We may assign this Agreement to a third party with your prior written consent or to an affiliate without your consent. Any required consents shall not be withheld unreasonably by either you or us. Force Majeure - In the event that either you or we are rendered unable, wholly or in part, to perform our obligations under this Agreement due to events not reasonably anticipated or within either of our control, such as, but not limited to, acts of God, government regulations, changes in law or utility practices, etc., we agree that such non-performance shall be excused for the duration of the event which caused it. In no event shall financial difficulties excuse any obligations hereunder, nor shall financial obligations be excused by any event of the type described. Liability - You and we agree that any liability to each other will be limited to direct actual damages. Neither you nor we will be liable for incidental, consequential, punitive, or indirect damages, lost profits or lost business in tort, contract or otherwise. This limitation excludes claims of gross negligence and/or willful misconduct. Customer Service - Any questions or concerns regarding this Agreement or other services provided by Sun Power Electric may be addressed by contacting Sun Power Electric at 1-800-689-7957 and asking for Customer Service Miscellaneous - This Agreement is the entire agreement and understanding between you and us, and it supersedes any and all prior agreements or understandings. The Agreement shall be governed under the laws of the Commonwealth of Massachusetts. This Agreement may not be amended except by written agreement between you and us. In the event that any portion of this Agreement is deemed invalid, void or otherwise unenforceable by a court of law, the remaining portions of the Agreement shall otherwise be fully enforceable.
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