Common use of Time of Use Clause in Contracts

Time of Use. In accordance with PUC statutes, regulations and Orders, Buyer may provide Time of Use rates to its customers when Smart Meters are installed. At that time, Buyer may request TOU supply from Seller pursuant to the terms and conditions included in this Agreement. Buyer will charge TOU customers the rates that are approved by the PUC for TOU service, and Seller will be paid the revenues that Buyer receives for TOU service for that portion of supply used by TOU customers, netted to reflect any other adjustments set forth herein. Seller assumes the risk that these TOU revenues may be higher or lower than the fixed price provided for under Exhibit A. Buyer reserves the sole right to bid TOU supply out separately from this Agreement, and if that occurs, that amount of TOU supply will not be included in this Agreement.