Common use of Penalties, Fees and Exceptions Clause in Contracts

Penalties, Fees and Exceptions. Customer agrees that RITERATE ENERGY may cancel this Agreement before the end of the Term for the Premises, without penalty or liability to RITERATE ENERGY and without prejudice to enforcement of any legal right or remedy available to RITERATE ENERGY if: (a) Customer fails to pay for Energy hereunder or any other amounts payable on Customer’s Utility xxxx or due to RITERATE ENERGY; (b) Customer attempts to cancel this Agreement after the 10 day rescission period; (c) Customer appoints another person or company as Customer’s Energy supplier or agent; (d) Customer breaches or is in default of any other term of this Agreement; or (e) RITERATE ENERGY is required by law, regulation or legal, regulatory or administrative process to cancel this Agreement; (f) there is a change in legislation, regulation, PUC codes/rules or other PUC documents, or any other change in law (collectively, “Change in Law”) which materially and adversely affects RITERATE ENERGY’s Electricity retailing and/or Gas marketing business; or (g) Customer, or to the extent Customer’s obligations hereunder are guaranteed, Customer’s guarantor: (i) makes an assignment or any general arrangement for the benefit of creditors, or commences or acquiesces in the commencement of a proceeding under any bankruptcy or similar law for the protection of creditors or has such a proceeding commenced against Customer or any such guarantor; (ii) otherwise becomes bankrupt or insolvent (however evidenced); (iii) becomes unable to pay Customer’s debts when due; (iv) has a receiver, trustee or similar official appointed with respect to Customer or substantially all of Customer’s assets.

Penalties, Fees and Exceptions. Customer agrees that RITERATE ENERGY may cancel this Agreement before the end of the Term for the Premises, without penalty or liability to RITERATE ENERGY and without prejudice to enforcement of any legal right or remedy available to RITERATE ENERGY if: (a) Customer fails to pay for Energy hereunder or any other amounts payable on Customer’s Utility xxxx bill or due to RITERATE ENERGY; (b) Customer attempts to cancel this Agreement after the 10 day rescission period; (c) Customer appoints another person or company as Customer’s Energy supplier or agent; (d) Customer breaches or is in default of any other term of this Agreement; or (e) RITERATE ENERGY is required by law, regulation or legal, regulatory or administrative process to cancel this Agreement; (f) there is a change in legislation, regulation, PUC codes/rules or other PUC documents, or any other change in law (collectively, “Change in Law”) which materially and adversely affects RITERATE ENERGY’s Electricity retailing and/or Gas marketing business; or (g) Customer, or to the extent Customer’s obligations hereunder are guaranteed, Customer’s guarantor: (i) makes an assignment or any general arrangement for the benefit of creditors, or commences or acquiesces in the commencement of a proceeding under any bankruptcy or similar law for the protection of creditors or has such a proceeding commenced against Customer or any such guarantor; (ii) otherwise becomes bankrupt or insolvent (however evidenced); (iii) becomes unable to pay Customer’s debts when due; (iv) has a receiver, trustee or similar official appointed with respect to Customer or substantially all of Customer’s assets.