Commercial/General Service Application
Upon compliance with the requirements set forth below, an Applicant shall automatically become a Member on the date of connection for electric service. The Applicant/Member hereby makes application for membership, and agrees to purchase electric service from PENTEX ENERGY (“PenTex”) upon compliance with PenTex By-Laws, a copy is acknowledged as received, and the following terms and conditions:
1. Service. PenTex agrees to use reasonable diligence to provide electric utility service to a point of delivery at Member’s service location. The electric service contracted for herein is to be provided and taken in accordance with the provisions of this Agreement and PenTex’s tariff. SAID TARIFF IS A PART OF THIS AGREEMENT TO THE SAME EXTENT AS IF FULLY SET OUT HEREIN AND IS ON FILE AND AVAILABLE AT PENTEX HEADQUARTERS IN MUENSTER, TEXAS. Any tariff provision (including rates) may be changed by order or consent of any regulatory authority having jurisdiction thereof whether or not at the request of PenTex. A security deposit may be required in addition to the standard $25.00 connect fee.
2. Payment. Member agrees to purchase and pay for electric service in accordance with PenTex’s tariff. Monthly, PenTex will submit to Member a statement for electric service rendered. Member agrees to pay the total amount shown on such statement within sixteen (16) days from its invoice date. Payment shall be made to PenTex Energy in Muenster, Texas.
3. Easement. The undersigned hereby grants to PenTex the right to construct electric facilities and to cut or trim trees as necessary on property owned or controlled by said undersigned. The undersigned further agrees to grant PenTex’s representatives, employees, and assigns the right of ingress and egress on and across property owned or controlled by said undersigned for the purpose of inspection and maintenance of PenTex facilities including periodic meter reading; and, if necessary, the right to install a PenTex lock in a locked gate for unlimited access by authorized PenTex representatives, employees, and assigns.
4. Breach. Upon failure to make payment or perform any obligation under this Agreement, the PenTex shall have the right to discontinue service as well as other remedies which may be provided by law. PENTEX’S LIABILITY IS LIMITED as provided in its Tariff.
5. Member’s Installation. Member warrants that installation (including all conductors, switches, equipment, wiring, and protective devices of any kind) is constructed and will be maintained in accordance with the National Electrical Safety Code of the American Standards Association as well as applicable laws or ordinances.
6. Entire Agreement. This Agreement, including the By-Laws and any addendum regarding payment for line extension costs, constitutes the entire agreement between the parties and supersedes all prior agreements between Member and PenTex for the Service herein described. Member agrees PenTex, its agents and employees, have made no representations, promises, or any inducements, written or verbal which are not contained herein.