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' ~Northenst Uhio Public Energy Council <br />Any over-charge or under-charge will be accounted for in the next billing period for which actual <br />meter data is available. <br />2.5.4.3 Standard 'Terms and Conditions Pertaining to Individual Account Service <br />The following consumer protection provisions are anticipated to be contained in a Supply <br />Contract. <br />A. Title: Title to and risk of loss with respect to the electric energy will transfer from <br />Supplier to participating consumers at the Point-of--Sale which is the customer side of the meter. <br />B. Initiation of Supply Service: Energy deliveries pursuant to the Supply Contract will <br />begin on the first meter reading date following the scheduled initiation of service date for each <br />rate class or customer group, or individual customer as described in the Supply Contract, or as <br />soon as necessary arrangements can be made with the distribution company thereafter and will <br />end on the last meter reading date prior to the expiration date. The Supplier has the right to <br />request a "special" meter reading by the distribution company to initiate energy delivery and <br />agrees to accept all costs (if any) for such meter reading. The participating customer also has <br />such a right, and similarly would bear the costs (if any) of such special meter reading. <br />C: Standard Limitation of Liability: Recognizing that electricity provided under the <br />Supply Contract shall be ultimately delivered by the distribution company, to the extent <br />permitted by law, the Supplier shall not be liable for any damage to a participating consumer's <br />equipment or facilities, or any economic losses, resulting directly or indirectly from any service <br />interruption, power outage, voltage or amperage fluctuations, discontinuance of service, reversal <br />of service, irregular service or similar problems beyond the Supplier's reasonable control. To the <br />extent permitted by law, except as expressly stated in the Supply .Contract, the Supplier will <br />make no representation or warranty, express or implied (including warranty of merchantablity or <br />of fitness for a particular purpose), with respect to the provision of services and electric energy. <br />D: Service Reliability and Related Supplier Obligations: Given the increasing <br />interest in and need for high levels of reliability, the Supply Contract will help assure that <br />participating consumers in NOPEC member communities receive power supply with reliability <br />equal to that of native load customers of the distribution company. The Supplier is providing <br />generation and. transmission services, and participating consumers must rely upon the <br />distribution company for regional transmission, and local transmission and distribution services <br />for ultimate delivery of electricity where reliability problems commonly occur. However, within <br />the Supplier shall take or adopt all reasonable <br />the scope of electric energy supplier obligations, <br />steps or measures to avoid any unnecessary outages, service interruptions, capacity shortages, <br />curtailments of power supply, voltage reductions, and any other interference or disruption of <br />electric supply to the Point-of-Delivery, and shall give the highest priority of supply to the <br />electricity made available under the Supply Contract consistent with the requirements of law and <br />equivalent to network service available to native load customers. <br />In addition to language to be included in the Supply Contract, NOPEC will help to assure <br />reliability through participation in proceedings related to First Energy or its operating <br />12 <br />