Common use of Company’s Right to Terminate or Suspend Agreement Clause in Contracts

Company’s Right to Terminate or Suspend Agreement. Company, in addition to all other legal remedies, may either terminate the Agreement or suspend delivery of electricity to Customer for (a) any default or breach of Agreement by Customer, (b) fraudulent or unauthorized use of electricity or use in such manner as to circumvent Company's meter, (c) failure to pay bills when due and payable or failure to restore deposit within the specified period or, (d) in case of a condition on Customer's side of the point of delivery actually known by Company to be, or which Company reasonably anticipates may be, dangerous to life or property. No such termination or suspension, however, will be made by Company without twenty-four hours' written notice (or such written notice as required by the state regulatory authority) delivered to Customer personally or by mail, stating in what particular the Agreement has been violated, except that no notice need be given in instances set forth in (b) and (d) above. Failure of Company to terminate the Agreement or to suspend the delivery of electricity at any time after the occurrence of grounds therefor or to resort to any other legal remedy or to exercise any one or more of such alternative remedies, shall not waive or any manner affect Company's right later to resort to any or more of such rights or remedies on account of any such ground then existing or which may subsequently occur. Any suspension of the delivery of electricity by Company or termination of the Agreement upon any authorized grounds shall in no wise operate to relieve Customer of his liability to pay for electricity supplied, nor shall it relieve Customer (1) of his liability for the payment of minimum monthly charges during the period of suspension, nor (2) of his liability for damages, if the Agreement has been terminated, in the amount of (a) the minimum monthly charges which would have been payable during the unexpired term of the Agreement plus (b) the termination charges provided for in paragraph 1(g) above. Whenever the supply of electricity is suspended for any authorized reason, Company will make a charge of $15.00 for the restoration of service made during the normal business hours of Company or $15.00 for the restoration of service made during all other hours.

Company’s Right to Terminate or Suspend Agreement. The Company, in addition to all other legal remedies, may either terminate the Agreement or suspend delivery purchases of electricity to Customer for from the Seller based on any of the following: (a1) any default or breach of the Agreement by Customerthe Seller, (b2) any fraudulent or unauthorized use of electricity or use in such manner as to circumvent the Company's meter, (c3) failure to pay any applicable bills when due and payable or failure to restore deposit within the specified period orpayable, (d4) any Material Alteration to the Facility without the Company’s consent or otherwise delivering energy in case excess of a the Contract Capacity specified under this Agreement, (5) any condition on Customerthe Seller's side of the point of delivery actually known by the Company to be, or which the Company reasonably anticipates may be, dangerous to life or property, or (6) Seller fails to deliver energy to Company for six (6) consecutive months. Termination of the Agreement shall be at the Company’s sole option and is only appropriate when the Seller either cannot or will not cure its default. No such termination or suspension, however, will be made by the Company without twenty-four hours' written notice (or such written notice as required by the state regulatory authority) delivered to Customer the Seller, personally or by mail, stating what in what particular in the Agreement has been violated, except that no notice need to be given in instances set forth in (b1(i)(2) and (dor 1(i)(5) above. Company shall give Seller thirty (30) calendar days prior written notice before suspending or terminating the Agreement pursuant to provisions 1(i)(1) and 1(i)(3)-(4). Company shall give Seller five (5) calendar days prior written notice before suspending or terminating the Agreement pursuant to provision 1(i)(6). Failure of the Company to terminate the Agreement or to suspend the delivery purchase of electricity at any time after the occurrence of grounds therefor therefor, or to resort to any other legal remedy or to exercise any one or more of such alternative remedies, shall not waive or in any manner affect the Company's right later to resort to any one or more of such rights or remedies on account of any such ground then existing or which may subsequently occur. Any suspension of the delivery purchase of electricity by the Company or termination of the Agreement upon any authorized grounds shall in no wise way operate to relieve Customer the Seller of his Seller's liability to pay compensate Company for electricity services and/or facilities supplied, nor shall it relieve Customer the Seller (1) of his the Seller's liability for the payment of minimum monthly charges during the period of suspension, nor (2) of his the Seller's liability for damages, if the Agreement has been terminated, in the amount of (a) the minimum monthly charges which would have been payable during the unexpired term of the Agreement plus (b) the termination charges provided for Early Contract Termination charge as set forth in paragraph 1(g) above. Whenever the supply of electricity is suspended for any authorized reason, Company will make a charge of $15.00 for the restoration of service made during the normal business hours of Company or $15.00 for the restoration of service made during all other hoursthese Terms and Conditions.

Company’s Right to Terminate or Suspend Agreement. The Company, in addition to all other legal remedies, may either terminate the Agreement or suspend delivery purchases of electricity to Customer for from Seller (al) forbased on any of the following: (1) default or breach of the Agreement by Customerthe Seller, (b2) forany fraudulent or unauthorized use of electricity or use in such manner as to circumvent the Company's '’s meter, (c3) for failure to pay any applicable bills when due and payable or failure to restore deposit within the specified period orpayable, (d4) in case of a for aany Material Alteration to the Facility without Company’s consent, (5) any condition on Customer's the Seller'’s side of the point of delivery actually known by the Company to be, or which the Company reasonably anticipates may be, dangerous to life or property, or (5) due to the Seller's inability(6) Seller’s failure to deliver energy to the Company the quality and/or quantityfor six (6) consecutive months. Termination of electricity mutually agreed to in the Purchasethe Agreement shall be at Company’s sole option and is only appropriate when Seller either cannot or will not cure its default. No such termination or suspension, however, will be made by the Company without twenty-four hours' written notice (or such written notice as required by the state regulatory authority) delivered to Customer Seller, personally or by mail, stating what in what particular in the Agreement has been violated, except that no notice need to be given in instances set forth in (b1.(i)(2) and (dor 1(i)(5) above. The Company shall give the For violations of Section 1(i)(1) and 1(i)3-4, Seller a minimum of shall have thirty (30) calendar days prior after Seller’s receipt of Company’s written notice to cure the violation; for violations of Section 1(i)(6)before suspending or terminating the Agreement pursuant to provisions 1.(i)(1), (3), and (5). The Company shall give the Seller shall have five (5) calendar days after Seller’s receipt of Company’s prior written notice to cure the violationbefore suspending or terminating the Agreement pursuant to provision 1.(i)(4). Failure of the Company to terminate the Agreement or to suspend the delivery purchase of electricity at any time after the occurrence of grounds therefor therefor, or to resort to any other legal remedy or to exercise any one or more of such alternative remedies, shall not waive or in any manner affect the Company's right later to resort to any one or more of such rights or remedies on account of any such ground then existing or which may subsequently occur. Any suspension of the delivery purchase of electricity by the Company or termination of the Agreement upon any authorized grounds shall in no wise way operate to relieve Customer the Seller of his the Seller's liability to pay compensate the Company for electricity services and/or facilities supplied, nor shall it relieve Customer the Seller (1) of his the Seller'’s liability for the payment of minimum monthly charges during the period of suspension, nor (2) of his the Seller'’s liability for damages, if the Agreement has been terminated, in the amount of (a) the minimum monthly charges which would have been payable during the unexpired term ELECTRONICALLY FILED - 2020 January 17 12:22 PM - SCPSC - Docket # 2019-186-E - Page 3 of the Agreement plus (b) the termination charges provided for in paragraph 1(g) above. Whenever the supply of electricity is suspended for any authorized reason13 Duke Energy Carolinas, Company will make a charge of $15.00 for the restoration of service made during the normal business hours of Company or $15.00 for the restoration of service made during all other hours.LLC TERMS AND CONDITIONS FOR THE PURCHASE OF ELECTRIC POWER South Carolina

Company’s Right to Terminate or Suspend Agreement. Company, in addition to all other legal remedies, may either terminate the Agreement or suspend delivery purchases of electricity to Customer from Seller (l) for (a) any default or breach of Agreement by CustomerSeller, (b2) for fraudulent or unauthorized use of electricity or use in such manner as to circumvent Company's meter, (c3) for failure to pay any applicable bills when due and payable payable, or failure to restore deposit within the specified period or, (d4) in case of for a condition on CustomerSeller's side of the point of delivery actually known by Company to be, or which Company reasonably anticipates may be, dangerous to life or property. Termination of the contract is at Company’s sole option and is only appropriate when Seller either cannot or will not cure its default or if Seller fails to deliver energy to Company for six (6) consecutive months. No such termination or suspension, however, will be made by Company without twenty-four hours' written notice (or such written notice as required by the state regulatory authority) delivered to Customer Seller, personally or by mail, stating what in what particular in the Agreement has been violated, except that no notice need to be given in instances set forth in 1.(i)(2) above. Company shall give Seller thirty (b30) calendar days prior written notice before suspending or terminating the Agreement pursuant to provisions 1.(i)(1) and (d3). Company shall give Seller five (5) abovecalendar days prior written notice before suspending or terminating the Agreement pursuant to provision 1.(i)(4). Failure of Company to terminate the Agreement or to suspend the delivery purchase of electricity at any time after the occurrence of grounds therefor therefor, or to resort to any other legal remedy or to exercise any one or more of such alternative remedies, shall not waive or in any manner affect Company's right later to resort to any one or more of such rights or remedies on account of any such ground then existing or which may subsequently occur. Any suspension of the delivery purchase of electricity by Company or termination of the Agreement upon any authorized grounds shall in no wise way operate to relieve Customer Seller of his Seller's liability to pay compensate Company for electricity services and/or facilities supplied, nor shall it relieve Customer Seller (1) of his Seller's liability for the payment of minimum monthly charges during the period of suspension, nor (2) of his Seller's liability for damages, if the Agreement has been terminated, in the amount of (a) the minimum monthly charges which would have been payable during the unexpired term of the Agreement plus (b) the termination charges provided for in paragraph 1(g) above. Whenever the supply of electricity is suspended for any authorized reason, Company will make a charge of $15.00 for the restoration of service made during the normal business hours of Company or $15.00 for the restoration of service made during all other hours.plus

Company’s Right to Terminate or Suspend Agreement. Company, in addition to all other legal remedies, may either terminate the Agreement or suspend delivery of electricity to Customer for (a) any default or breach of Agreement by Customer, (b) fraudulent or unauthorized use of electricity or use in such manner as to circumvent Company's meter, (c) failure to pay bills when due and payable or failure to restore deposit within the specified period or, (d) in case of a condition on Customer's side of the point of delivery actually known by Company to be, or which Company reasonably anticipates may be, dangerous to life or property. No such termination or suspension, however, will be made by Company without twenty-four hours' written notice (or such written notice as required by the state regulatory authority) delivered to Customer personally or by mail, stating in what particular the Agreement has been violated, except that no notice need be given in instances set forth in (b) and (d) above. Failure of Company to terminate the Agreement or to suspend the delivery of electricity at any time after the occurrence of grounds therefor or to resort to any other legal remedy or to exercise any one or more of such alternative remedies, shall not waive or any manner affect Company's right later to resort to any or more of such rights or remedies on account of any such ground then existing or which may subsequently occur. Any suspension of the delivery of electricity by Company or termination of the Agreement upon any authorized grounds shall in no wise operate to relieve Customer of his liability to pay for electricity supplied, nor shall it relieve Customer (1) of his liability for the payment of minimum monthly charges during the period of suspension, nor (2) of his liability for damages, if the Agreement has been terminated, in the amount of (a) the minimum monthly charges which would have been payable during the unexpired term of the Agreement plus (b) the termination charges provided for in paragraph 1(g) above. Whenever the supply of electricity is suspended for any authorized reason, Company will make a charge of $15.00 19.00 for the restoration of service made during the normal business hours of Company or $15.00 for the restoration of service made during all other hoursservice.

Company’s Right to Terminate or Suspend Agreement. Company, in addition to all other legal remedies, may either terminate the Agreement or suspend delivery of electricity to Customer for (a) any default or breach of Agreement by Customer, (b) fraudulent or unauthorized use of electricity or use in such manner as to circumvent Company's meter, (c) failure to pay bills when due and payable or failure to restore deposit within the specified period or, (d) in case of a condition on Customer's side of the point of delivery actually known by Company to be, or which Company reasonably anticipates may be, dangerous to life or property. No such termination or suspension, however, will be made by Company without twenty-four hours' written notice (or such written notice as required by the state regulatory authority) delivered to Customer personally or by mail, stating in what particular the Agreement has been violated, except that no notice need be given in instances set forth in (b) and (d) above. Failure of Company to terminate the Agreement or to suspend the delivery of electricity at any time after the occurrence of grounds therefor or to resort to any other legal remedy or to exercise any one or more of such alternative remedies, shall not waive or any manner affect Company's right later to resort to any or more of such rights or remedies on account of any such ground then existing or which may subsequently occur. Any suspension of the delivery of electricity by Company or termination of the Agreement upon any authorized grounds shall in no wise operate to relieve Customer of his liability to pay for electricity supplied, nor shall it relieve Customer (1) of his liability for the payment of minimum monthly charges during the period of suspension, nor (2) of his liability for damages, if the Agreement has been terminated, in the amount of (a) the minimum monthly charges which would have been payable during the unexpired term of the Agreement plus (b) the termination charges provided for in paragraph 1(g) above. Whenever the supply of electricity is suspended for any authorized reason, Company will make a charge of $15.00 for the restoration of service made during the normal business hours of Company or $15.00 for the restoration of service made during all other hoursservice.