5.3. ERMU SR 12-11-2007 - Laserfiche WebLink

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*Credit applies only during months in which Customer Generator is fully operational and/or operates within the prescribed limits as set forth in this entire Agreement. If Customer Generator output does not typically meet Customer demand at time of ERMU's coincidental peak demand, then the continuous run nameplate rating of the Customer Generator multiplied by a factor of .95, shall be used as a basis for establishing the monthly Customer credit. However, if Customer Generator output typically meets or exceeds Customer demand, then Customer coincidental peak demand shall be used as a basis for establishing monthly Customer credit. If Customer Generator fails to perform in any calendar month, Customer will not receive the monthly credit for that month or any succeeding months until performance has been demonstrated to the satisfaction of ERMU personnel. If Customer Generator fails to perform more than two times in any calendar year, ERMU reserves the right to terminate this Agreement as indicated in Article 12. Section 2: ERMU has no obligation to Customer for fuel used during either requested run times up to and including 80 hours annually, or during required monthly tests. In the event more than 80 hours of run time per annum is required of the Customer Generator by ERMU, Customer will be reimbursed for fuel used. That reimbursement will be based on the current cost of diesel fuel converted to a cost per kilowatt-hour as determined by ERMU's wholesale power supplier. ERMU has no obligation to Customer for maintenance costs, repair costs, or replacement costs of Customer Generator or auxiliary equipment. Section 3: Compensation to Customer pursuant to Article 6, Section 1 above shall be paid as a credit applied to Customer's monthly electric bill from ERMU, and shall not be paid to Customer in cash. That monthly credit shall be determined by multiplying the Customer Generator output in kW times .95 or Customer coincidental peak demand in kW (which ever is less), by the appropriate seasonal rate in effect for that month. That kw demand will be derived from either (1) metering (2) or in the case of meter failure, from billing history. ARTICLE 7. MAXIMUM HOURS OF REQUESTED OPERATION. Except as otherwise agreed upon in writing, ERMU shall not request Customer to operate Customer Generator more than 10 hours per day and not more than 300 hours per calendar year. ARTICLE 8. METERING. Appropriate electronic demand and energy metering equipment will be installed and maintained by ERMU in such a manner that it records energy and demand on a one-hour basis with regard to Customer's load. Customer shall provide access to a telephone line for remote meter reading and notification, and reimburse ERMU for the cost of the meter. Customer shall pay a $ per month customer charge to compensate ERMU for special metering and additional administrative costs. ERMU reserves the right to install additional metering to measure Customer Generator output directly.