New Jersey Residential Customer Application - Viridian

no event shall Company’s liability under this Agreement exceed thedifference between the reasonable price of replacing any undeliverednatural gas and/or electricity and the price of natural gas and/orelectricity under this Agreement.d. Assignment. You may not assign this Agreement without priorwritten consent of the Company. Company reserves the right to sell,transfer, pledge or assign this Agreement and your account, andrelated revenues and proceeds for financial purposes or in connectionwith a sale. This Agreement is binding upon the parties hereto andtheir respective successors and legal assigns.e. Change in Law. The Agreement is subject to any futurelegislation, orders, rules, regulations or Utility tariff or policy changes.If there is a change in any law, rule or pricing structure, including butnot limited to a change in Capacity charges in your jurisdiction, thatresults in Company from being prevented, prohibited or frustratedfrom carrying out the terms of the Agreement, Company mayterminate this Agreement or change your Rate.f. Governing Law; Venue. Venue for any lawsuit brought to enforceany term or condition of this Agreement shall lie exclusively in theState of New Jersey. The Agreement shall be construed under andshall be governed by the laws of the State of New Jersey withoutregard to the application of its conflicts of law principles.g. Non-Waiver. The failure by one party to require performance ofany provision shall not affect that party's right to require performanceat any time thereafter, nor shall a waiver of any breach or default ofthis Agreement constitute a waiver of any subsequent breach ordefault or a waiver of the provision itself.h. Severability. If any provision of this Agreement is heldunenforceable, then such provision will be modified to reflect theparties’ intention. All remaining provisions of this Agreement shallremain in full force and effect.i. Complete Agreement. This Agreement constitutes the final andcomplete agreement between you and the Company. It is thecomplete and exclusive expression of the terms and conditions agreedupon for the matters contained in this Agreement. All prior andcontemporaneous negotiations and agreements between the parties onthe matters contained in this Agreement are expressly merged into andsuperseded by this Agreement.j. Electronic Signatures and Notices. Each party agrees thatelectronic signatures, whether digital or encrypted, of the parties toexecute this Agreement are intended to authenticate this writing and tohave the same force and effect as manual signatures. Electronicsignature means any electronic sound, symbol or process attached toor logically associated with a record and executed and adopted by aparty with the intent to sign such record, including facsimile or e-mailelectronic signatures. Customer agrees that Company may sendCustomer notices via electronic means if Customer provides e-mailaddress or other way of communicating electronically.k. Customer Representation. I am at least 18 years old and fullyauthorized to enter into this Agreement. I am the authorized accountholder or have been given proper and binding authorization to changethe Services and enter into this Agreement on behalf of the accountholder.DEFINITIONS“Agents” means parties that need to know Customer Information inconnection with Services and Company’s affiliates andsubcontractors.“Change in Usage” means a change, or an anticipated or plannedchange, in the consumption of Services that materially exceeds yourhistorical usage.“Credit Enhancements” means cash escrow or deposit, establishing anACH Debit relationship with Company, or providing other reasonableassurances to the Company to establish your credit worthiness.“Customer Information” means account contact information, accountnumber, meter number, billing history, payment history, historical andfuture electricity and gas usage, meter readings and characteristics ofyour electricity and gas service. It includes information obtained fromthe Utility as well as any information that you provide directly toCompany or its Agents.“Default” means: (i) failure to maintain credit requirements or providenecessary credit information or Credit Enhancements, (ii) a UsageThreshold event, (iii) a Change in Usage event, or (iv) any materialbreach of the requirements of, or representations made under, thisAgreement.“Delivery Points” means: (i) for gas transported by interstatepipelines, the city gate stations of your Utility, and (ii) for electricity,one or more points at which Company, as your agent, has arranged forthe delivery of electricity to a third party (such as your Utility) foryour account or at your premises.“Enrollment Documentation” means any application or enrollmentdocuments, whether in paper, electronic, internet, phone or otherwise,that Customer reviewed and acknowledged in order to commenceServices.“Fees” means taxes, fees, assessments, government charges andcharges levied by your Utility for distribution and other services andtaxes, fees and charges levied by Company or any other entityauthorized to levy taxes, fees or charges for or related to the Services.This may include, but shall not be limited to, utility taxes, grossreceipts taxes, and sales or use taxes imposed on Company and/or youby federal, state, and/or local authorities that Company passes throughto you.“Purchased Quantities” means all the electricity or natural gas supply,or any combination of the two, that Company must purchase for yoursmall business.“Rate” means Fixed Rate, or Variable Rate, as applicable.“Sales Points” means: (i) for gas, a point or points located outside ofthe State of New Jersey selected from time to time by Company toassure service reliability, and (ii) for the electricity, a point or pointson the PJM administered transmission system located outside themunicipal and county limits of your service address location, selectedfrom time to time by Company to assure service reliability.“Service” or “Services” means all the electricity or natural gas supply,or any combination of the two, that Company must purchase for yourhome or small business, as you have selected to be provided to you byCompany in your Enrollment Documentation. Not all services areavailable in all areas.“Usage Thresholds” means if your usage of Services exceeds, for (i)electricity, peak demand greater than 75kW over any of the pasttwelve months, or (ii) gas, usage exceeds 10,000 ccfs per month or90,000 ccfs per year, or the equivalent ther3"VIR_NJ_ResSC_121713