Electrical Rate with Ashley Furniture Inc

Browse Search

3. SERVICES TO BE RENDERED The City will provide electric service to ASHLEY FURNITURE INC in a manner of quality and reliability consistent with that provided to other customers served within the City in accordance with all applicable provisions as established by the City Customer Service Policy. 8. PAYMENT AND INQUIRIES A. The ASHLEY FURNITURE INC accounts will be billed monthly by City and payment will be made in accordance with the City's adopted Rules and Regulations for electric service. Any inquiries regarding the bill shall be made to the City of Colton, Finance Department. B. Any questions regarding the physical service connection, power quality, or problems with the delivery of power shall be made to the City of Colton, Utility Department, Electric Division. 5. TERMINATION During the one (1) year term of this Agreement, no termination will be permitted by either party. However, should the service characteristics at the ASHLEY FURNITURE INC facility change in a material manner so that the cost of electric service would likely change substantially, ASHLEY FURNITURE INC. may request a review of the contract rate upon written notification to City and City reserves the right, in City's sole discretion, to renegotiate the prices for the remainder of the term of the Agreement. 6. LIMITATIONS A. These rates shall only be applicable to a load at the facility not to exceed two (2) megaWatts of maximum recorded demand. If load rises above this threshold during the Term of this Agreement, City reserves the right, in City's sole discretion, to renegotiate the prices for the remainder of the term of the Agreement. B. For the term of the Agreement, ASHLEY FURNITURE INC shall be prohibited from installing, owning, operating, and/or otherwise incorporating self -generated power at the new facility without receiving prior written approval from the City of Colton, Utility Department, Electric Division. C. The rates offered to ASHLEY FURNITURE INC are only available for electric service at the facilities owned by ASHLEY FURNITURE INC. located in the City of Colton Electric Utility service territory. 7. NON -DEDICATION OF FACILITIES The provisions of this Agreement shall not in any way constitute the dedication of the electrical system or any portion thereof by either Party to the public, a third party, or to the other Party, and it is understood and agreed that any such undertaking by any Party shall cease upon the termination of this Agreement. 8. NO THIRD PARTY RIGHTS This Agreement shall not be construed to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, obligation or undertaking established therein.