Energy Prices. Either the base period utility unit cost or the current period utility unit cost, whichever is greater, will be used in determining the adjusted base period utility cost. In no case, however, shall the rate used to calculate the Guaranteed Energy Savings be lower than base year utility rate.
Energy Prices. RagingWire will not modify the rates for the Service during the first six (6) months following the Service Commencement Date; provided, however, that, notwithstanding anything to the contrary in the Agreement, RagingWire may increase (or decrease) the rates associated with an existing Service at any time after the first six (6) months of the Term in order to pass through increases (or decreases) in such Service’s underlying power utility costs by notifying Client in writing at least thirty (30) days prior to the effective date of such rate change. Such increase or decrease will only apply to the price of the energy portion of any bundled service. If requested by Client in writing, RagingWire will provide third party documentation to Client evidencing such increase or decrease. In the event that the underlying utility power cost is increased more than twenty-five percent (25%) of the then current cost for power, Client shall have the right to terminate the Services affected by such power increase without penalty, provided that Client delivers written notice to RagingWire within thirty (30) days of RagingWire’s notice of change. If RagingWire does not otherwise waive the change, the termination under this Section shall be effective ninety (90) days from the date of Client’s notice to RagingWire.
Energy Prices. (f)If during the Delivery Term EPMI or any Affiliate thereof elects to construct or acquire, or cause to be constructed or acquired, any electric generation facilities within the service territory of BECo or that otherwise may be interconnected to the BECo System in order to assist it in satisfying all or any portion of its supply obligations under this Agreement, BECo shall provide such generation facilities access to and an interconnection with the BECo System, consistent with the requirements of applicable Law. The costs attributable to such interconnection facilities shall be borne by EPMI or its Affiliate, as the case may be, to the extent consistent with applicable Law; provided that BECo shall (i) cooperate with EPMI and/or its Affiliate and use commercially reasonable efforts to minimize the cost of any interconnection facilities consistent with Good Utility Practice and (ii) support EPMI and/or its Affiliate in securing any regulatory or governmental consents, approvals, permits and licenses that may be reasonably necessary for the construction or acquisition of such generation facilities and the sale of Power or Energy therefrom.
