Agmt14 Green Charge Networks and PG&E - 750 Marshall

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PACIFIC GAS AND ELECTRIC COMPANY CUSTOMER GENERATION AGREEMENT (3� PARTY GENERATOR ON PREMISES, NON-EXPORTING) 4. TERMS AND TERMINATION 4.1 This Agreement shall become effective as of the last date entered in Section 13 below. The Agreement shall continue in full force and effect until the earliest date that one of the following events occurs: (a) The Parties agree in writing to terminate the Agreement. (b) Unless otherwise agreed in writing by the Parties, at 12:01 A.M. on the day following the date the Customer's electric service account through which the Generating Facility is interconnected to PG&E's Distribution System is closed or terminated. (c) Unless otherwise agreed in writing by the Parties, at 12:01 A.M. on the 31 St day following the date the ProducerAgreement is terminated, unless the responsibility for such ProducerAgreement is assigned to or replaced by a subsequent Producer. The Parties shall cooperate in obtaining an assignment or replacement agreement. (d) At 12:01 A.M. on the 61St day after Customer or PG&E provides written Notice pursuant to Section 6 below to the other Party of the Customer or PG&E's intent to terminate this Agreement. 4.2 Customer may elect to terminate this Agreement pursuant to the terms of Section 4.1(d)for any reason. PG&E may elect to terminate this Agreement pursuant to the terms of Section 4.1(d)for one or more of the following reasons: (a) A change in PG&E's applicable tariffs, as approved or directed by the Commission, or a change in any local, state or federal law, statute or regulation, either of which materially alters or otherwise affects PG&E's ability or obligation to perform PG&E's duties under this Agreement; or, (b) Unless otherwise agreed in writing by the Parties, Customer fails to take all corrective actions specified in PG&E's Notice provided in accordance with Section 6 that Customer is out of compliance with the terms of this Agreement within the time frame set forth in such Notice. 5. LIMITATION OF LIABILITY 5.1 Each Party's liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney's fees, relating to or arising from any act or omission in its pertormance of this Agreement shall be limited to the amount of direct Automated Document, Preliminary Statement Part A Form 79-992 Advice 4110-E Revised September 2012 Page 3 of 7 ATTY/AGR/2014.095/GREEN CHARGE NETWORK-PG&E(750 MARSHALL ST.) REV:06-12-14 MLG