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PACIFIC GAS AND ELECTRIC COMPANY <br /> CUSTOMER GENERATION AGREEMENT <br /> (3� PARTY GENERATOR ON PREMISES, <br /> NON-EXPORTING) <br /> 8. ASSIGNMENT <br /> Customer shall not voluntarily assign its rights nor delegate its duties under this Agreement <br /> without PG&E's written consent. Any assignment or delegation Customer makes without <br /> PG&E's written consent shall not be valid. PG&E shall not unreasonably withhold its consent <br /> to Customer's assignment of this Agreement. <br /> 9. NON-WAIVER <br /> None of the provisions of this Agreement shall be considered waived by a Party unless such <br /> waiver is given in writing. The failure of a Party to insist in any one or more instances upon <br /> strict performance of any of the provisions of this Agreement or to take advantage of any of its <br /> rights hereunder shall not be construed as a waiver of any such provisions or the <br /> relinquishment of any such rights for the future, but the same shall continue and remain in full <br /> force and effect. <br /> 10. GOVERNING LAW, JURISDICTION OF COMMISSION, INCLUSION OF PG&E's TARIFFS, <br /> DEFINED TERMS <br /> 10.1 This Agreement shall be interpreted, governed, and construed under the laws of the <br /> State of California as if executed and to be performed wholly within the State of <br /> California without giving effect to choice of law provisions that might apply to the law <br /> of a different jurisdiction. <br /> 10.2 This Agreement shall, at all times, be subject to such changes or modifications by the <br /> Commission as it may from time to time direct in the exercise of its jurisdiction. <br /> 10.3 The interconnection and services provided under this Agreement shall at all times be <br /> subject to the terms and conditions set forth in the tariffs applicable to the electric <br /> service provided by PG&E. Copies of such tariffs are available at www.PGE.com or <br /> by request to PG&E and are incorporated into this Agreement by this reference. <br /> 10.4 Notwithstanding any other provisions of this Agreement, PG&E shall have the right to <br /> unilaterally file with the Commission, pursuant to the Commission's rules and <br /> regulations, an application for change in tariffs, rates, charges, classification, service, <br /> or any agreement relating thereto. <br /> 10.5 When initially capitalized, whether in the singular or in the plural, the terms used <br /> herein shall have the meanings assigned to them either in this Agreement or in <br /> PG&E's Rule 1 or Electric Rule 21 Section C. If any term is defined in both Rule 1 <br /> and Electric Rule 21, the definition in Electric Rule 21 shall prevail. <br /> Automated Document,Preliminary Statement Part A <br /> Form 79-992 <br /> Advice 4110-E <br /> Revised September 2012 <br /> Page 5 of 7 <br /> ATTY/AGR/2014.095/GREEN CHARGE NETWORK-PG&E(750 MARSHALL ST.) <br /> REV:06-12-14 MLG <br />