CLAIMS OF ELIGIBLE/PARTICIPATING CONSUMERS. The Municipality is authorized under X.X. x. 164, § 134, to act on behalf of the Eligible Consumers in contracting for electric supply for such Eligible Consumers under the Program, and may consult with and communicate with any or all Eligible Consumers and Participating Consumers in connection therewith. Unless prohibited by state or federal law, the Municipality has the right (but not the obligation) to bring claims on behalf of Eligible Consumers or Participating Consumers against the Competitive Supplier in litigation arising under this Agreement. Nothing in this section is intended to create any rights under this Agreement on behalf of any third party.
CLAIMS OF ELIGIBLE/PARTICIPATING CONSUMERS. The Competitive Supplier acknowledges and agrees that City is authorized under X.X. x. 164, § 134, to act on behalf of the Eligible Consumers in contracting for electric supply for such Eligible Consumers under the Program, and may consult with and communicate with any or all Eligible Consumers and Participating Consumers in connection therewith. Unless prohibited by state or federal law, the City may, in its sole discretion and without obligation or duty, take action and/or bring claims, including but not limited to litigation, on behalf of Eligible Consumers or Participating Consumers, against the Competitive Supplier concern matters arising under this Agreement. Nothing in this section is intended to create any rights under this Agreement on behalf of any third party. Notwithstanding any provision to the contrary, and to the fullest extent allowed by law, this Agreement is not intended to confer third party beneficiary status on any person as further set forth in Section 19.10.
