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interrupted or delayed by any occurrence not caused by either Party, whether such occurrence is an act of God or public enemy, or whether such occurrence is caused by storm, earthquake, or other natural forces, or by war, riot, public disturbance, labor action, or the acts or omissions of anyone not a Party to this Agreement, then the Party affected by such occurrence shall be excused from such ~ mance and any further performance required under this ;ment for whatever period is reasonably necessary to remedy the effects of that occurrence. 14. ATTORNEY'S FEES If you fail to timely pay amounts due under this Agreement and Supplier refers your outstanding balance to an attorney or collection agent for collection, or if Supplier files a lawsuit in connection with this Agreement, or collects your outstanding balance through bankruptcy or judicial proceedings, you agree to pay Supplier its reasonable fees and expenses (including reasonable attorney's fees) incurred by Supplier in connection therewith. 15. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed, enforced and performed in accordance with the laws of the state of Ohio, including any rules promulgated by or orders issued by the PUCO, and exclusive venue for any suit, claim, action or other proceedings, whether at law or in equity, relating to this Agreement, shall be in the state or federal courts of competent jurisdiction sitting in Columbus, Ohio. 16. WAIVER OF TRIAL BY JURY. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT. Definitions: The following definitions apply to this ~ ~ment: "Account" means the customer account (s) or facility service address(es) set forth in Addendum A -Account Information to the Base Contract. "Base Contract" means the contract executed by Customer and Supplier that incorporates by reference this Addendum B- Terms and Conditions, and Addendum A -Account Information to such contract. "Early Termination Fee" means an amount equal to 0 months' of your average expected monthly gas supply bills, as we reasonably determine, that will be owed in connection with an agreement entered into for an Initial Term of twelve (12) months or greater. There will be no Early Termination Fee in connection with an agreement entered into for an Initial Term of less than twelve (12) months. "Event of Default" means the occurrence of any of the following: (a) your failure to (i) make timely payment of all amounts due; (ii) take full requirements natural gas supply from Supplier; (iii) take any natural gas supply from Supplier for fifteen (15) consecutive days after you are subject to an event of force majeure; (iv) perform any material obligation set forth in this Agreement; (b) you (i) make an assignment for the benefit of creditors, (ii) file a petition or otherwise authorize the commencement of a proceeding under the Bankruptcy Code or similar law for protection of creditors, or has such petition filed against you, (iii) otherwise become bankrupt or insolvent, and/or (iv) are unable to pay your debts as they fall due; (c) you breach a i sentation and/or warranty made to Supplier; and/or (d) you enter i merger with, or sell substantially all of your assets to, another entity that is not creditworthy (as determined solely by Supplier), or is creditworthy but fails to assume all of your obligations under this Agreement. "Initial Term" means the period beginning with the Switch Date during or after the Start Month/Year indicated in the Base Contract and continuing for the number of months set forth in the Base Contract, during which deliveries are to be made as set forth in the Base Contract. "Late Fee" means a fee of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is lower, assessed on bills that are not paid when due. "Mercantile Customer" is defined in Section 4929.01(L) of the Ohio Revised Code. "Utility" is the natural gas utility that is delivering the gas that you buy under this Agreement and is either Columbia Gas of Ohio or Dominion East Ohio, as indicated on the Base Contract. "Variable Price" means a variable price per Unit determined by Supplier. TRANSENDORSETOS.2-4-16 2