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ORDER NO. PSC -2018 -0049 -TRF -EI DOCKET NO. 20170216 -El PAGE 13 Attachment A Page 10 of 12 T entlrT lgventh Revised Sheet Pio. 8.544 rr,uru"Arv1411r.nor iJAInt i.vmrAINX %.ancers _.nmi_ rmneviwumeerivo.mz-" (Continued from Sheet No. 5.543) DEFPIITIONS: Force Majeure For the purposes of this schedule Force Majeure means causes not within the reasonable control of the Customer affected and not caused by the negligence or lack- of due diligence of the Customer. Such events or circumstances may include acts of God, strikes, lockouts or other labordisputes ordiffrculties, wars, blockades, insurrections, riots, environmental constraints lawfully imposed by federal state, or local governmental bodies, explosions, fires, floods, lightning, wind, accidents to equipment or machinery, or similar occurrences. Non -Firm Demand The current Demand less the amount of Firm Demand specified below - Firm Demand The contracted maximum demand level to which the Customer agrees to curtail as specified in the Customer's Agreement for Curtailable Service. This is the maximum amount of the Customer's Demand that will be served during a Curtailment Period. TERMOFSERVICE: During the first year of service under this Rate Schedule, the Customer will determine whether or not this program is appropriate for the Customer and may request to exit the program subject to the Provisions for EarlyTermination. It is intended that the Company will continue to provide and the Customer will continue to take service under this Rate Schedule for the life of the generating unit which has been avoided by therate. There is, however, a three-year termination notice provision whichwill allow either the Customer or the Company to terminate service under this Rate Schedule should there be circumstances under which the termination of the Customer's participation or the Company�s offering of the Rate Schedule is desired. Service under this Rate Schedule shall continue until terminated by either the Company or the Customer upon written notice Ea tefeaiEaliE E_ Transfers to adifferent non-firm service option require 30 days' notice. Provided that the customer does not increase the current level of contracted Firm Demand. Transfers to a firm service option. transfers to a different non-firm service option with anv increase in Firm Demand or termination of service for an, other reason shall reeuire three (3) years' notice and be subject to the Provisions for Earl, Termination below. Should a Customer terminate service or be removed by the Company and later desire to resume service under this Rate Schedule, the Customer must provide three (3) years written notice prior to resuming service under this Rate Schedule. The Company may terminate service under this Rate Schedule at any time for the Customer's failure to comply with the terms and conditions of this Rate Schedule or the Agreement for Curtailable Service. Prior to any such termination, the Company shall notify the Customer at least ninety (90) (lays in advance and describe the Customer's failure to comply. The Company may then terminate service under this Rate Schedule at the end of the 90 -day notice period unless the Customer takes measures necessary to eliminate, to the Company's satisfaction, the compliance deficiencies described by the Company. Notwithstanding the foregoing, it, at anytime during the 90 -day period, the Customer either refuses or fails to initiate and pursue corrective action; the Company shall be entitled to suspend forthwith the monthly billing under this Rate Schedule and bill the Customer under the otherwise applicable firm service rate schedule. PROVISIONS FOREARLY TERXIINATION: Transfers, with less than three (3) years written notice, to any firm retail rate schedule for which the Customer would qualify, may be permitted if it can be shown that such transfer is in the best interests of the Customer, the Company and the Company's other customers. If the Customer no longer wishes to receive electric service in any form from the Company, or decides to cogenerate to serve all of the previously curtailed Demand and to take interruptible standby service from the Company, the Customer may terminate the Agreement for Curtailable Service by giving at least thirty (30) days advance written notice to the Company. IfserviceunderthisRateScheduleisterminated the Customer will not berebilledasspecified incharges for Early Termination A. it has been demonstratedto the satisfaction of the Company that the impact of such transfer of service on the economic cost- effectiveness ofthe Company's Curtailable Service Rate Schedule is in the best interests of the Customer, the Company and the Company's other customers, or b. the termination of service under this Rate Schedule is the result of either the Customers ceasing operations at its facility (without continuing or establishine similar operations elsewhere in the Company's service areal. or adecision by the Customerto cogenerate to serve all of the previously curtailable Demand and to take interruptible standby service from the Company, or C. any other Customer(s) with demand curtailment equivalent to, or greater than, that of the existing G4rstomer(s) agree(s) to take service under this schedule and the XIW demand curtailment commitment to the Company's Generation Expansion Plan has been met and the new replacement Customer(s) is (are) available to perform demand curtailment. Effective: July 19:'- _-)A(3