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Dec-01-00 02:57P FAIRuYIEW PARK, CITY 440.356 9077 <br />- N?r?hevsj Uhin Yuhtic Ertergy Cotmcil <br />Any over-cttarge or under-cbarge witl be accounted for in the next billing period for which actuat <br />meter data is available. , <br />2.5.4.3 Standard Terrus and Conditions Pertaining ta IndividuaI Accoant Service <br />The followiiig consumer proteetior? provisions are anticipated to be contained in a Suppty <br />Contract. <br />A. Tit1e: Tit1e to and risk oEloss with respeet to the Elcctric encrgy will transfer from <br />5upplier to partieipating cansumers at the Point-of-Sale which is the customer sidc af'the rnetec. <br />6, fnitiatian of Supply Service: Energy clcliveries pursuani to the Stipply Contract wiil <br />begin on the first meter reading date follawing the scheduled initiation of service date for each <br />ratc class or eustomer gTOUp, vr indiviclual customer as descnbed in the Supply Contract, or as <br />soon as neccssary arrangements can be made with the distribulion company thcreafter and will <br />end on the tast mcter rcading date prior to the expiration date. The Supplior has the right to <br />roqucst a"special" mcter reading by the distributian campany to iritiate energy delivery aiid <br />agrees to accept all costs (if any) for such meter reading. The participating eustor;ier also has <br />such a right, and s'smilarly would bear the cdsts (if any) of sueh special meter readin& <br />C: Standacd Limitation of Liabitity: Recogniaiag that eiectricity provided under the <br />Supply Cantract shall bc ultirnately dclivered by the distributian campany, to the extent <br />permitted by law, the Supplicr shali not be liablc for any damage to a participating consumer's <br />equipment or faciJities, of any economic losses, resalting directly or indireetly from any serviee <br />interraption, power outagt, vottage or amperage fluctuations, discontinuance oF service, reversal <br />of service, irrcgular service or sim'slar prablems beyond the Supplier's reasonable contrDl. Ta the <br />extent permitted by Jaw, excapt as expressly statcd in the Supply Contract, the Supplier wili <br />make no representation or warranry, express or implicd (including warranty of inerchantabiity or <br />nf titrcess fnr a particular purpose), with respect to the provision oCserviees and eles;tric energy. <br />D. Service Rctiability and Related Sapplter Obligations: Given the increasing <br />interest in and need for high levels of ieliability, the 5upply Contract will help assure that <br />particigating consumets in NOPEC member communities rc;eeive power supply with reliability <br />equal to that of native ivad eusiomers of the distribution company. The Supplier is praviding <br />gencratian and transmission services, and participating consumezs must rety upon the <br />distribution cornpany for regivnal transmissian, and local transrnission and distribution services <br />for ultimate dclivery af alectricicy whece reiiability problemg commonly occur. Fiowever, within <br />the scope of etectric energy supplier obligations, the Supplier 5ha11 ta[ce or adopt alI reasonablc <br />steps or mcacures to avoid any unnectssary otttages, service interruptions, eapacity shortages, <br />curtailments of power supply, valtage reductions, and any otlner interference vr disruption of <br />eltctric supply to the Point-of-Delivery, and shall give the highest gr.orit}r of sapply to the <br />eiectrieity made availabic undtr the Supply Contract consistent with the requirements of law and <br />equivalcnt to network service available to native load customers. <br />Irt addition to language to be includcd in the Supply Contract, NOPEC will help ta assure <br />reliability through pArticipation in procecdings related to First Energy or its operating <br />12 <br />P.U9 <br />.