5.

In this Agreement unless the context otherwise requires;
A) "The ACT" shall mean the Electricity Act, 2003 as amended from time to time or such other enactment governing the supply and use of electrical energy and as may be in force from time to time;
B) "The Rules and Regulations" shall mean the rules and regulations in force from time to time under the Act;

6.

The Consumer confirms that he is lawful owner/ occupier and has full authority to and, hereby authorizes and permits MSEDCL full access to the Specified Premises to carry out works and agrees and undertakes to obtain and/or execute and maintain at its own cost way leave and other rights of way necessary for installation, operation, maintenance of MSEDCL’s Works and provide/secure peaceful, unhindered access to any premises in or through which such Work, operation or maintenance is required or cables need to be laid for providing electricity to the specified premises.

7.

The supply of electrical energy shall be used by the Consumer for his own use at the premises and for the purpose of use, as mentioned in his/her/their/its application.

8.

DATE OF COMING INTO FORCE OF THE AGREEMENT:
A) Under the conditions of this contract, the consumer shall take electrical energy / power supply from the Licensee within a period of three months from the date of issue of intimation by the authorized Officer of the Licensee that supply of electrical energy is available;
B) The provisions of this agreement shall be deemed to have come into force from the date of commencement of supply of energy or the date of expiry of three months notice above referred to, whichever is earlier;
C) In case the consumer is unable to receive supply of electrical energy before expiry of three months period from the date of issue of intimation by the authorized officer of the Licensee, it shall be considered as the power supply deemed to have been commenced from the date immediately following the date of expiry of three months period and the consumer shall be liable to pay the FIXED CHARGES as may be applicable from time to time;

9.

PERIOD OF AGREEMENT & DETERMINATION OF AGREEMENT:
A) The Consumer shall be at liberty to terminate this Agreement by giving a notice, in writing, of not less than 30 days, expressing such intention; at any time after the commencement of power supply, including deemed commencement of power supply, wherever applicable;
B) In case the consumer intentionally violates any of the provisions of this Agreement or commits breach of any of the provisions of this Agreement or acts in contravention to the provisions of the Law governing supply of electrical energy, including the Regulations framed by the Maharashtra State Electricity Regulatory Commission from time to time, the Licensee shall be at liberty and shall terminate this Agreement at any time by giving a notice of not less than 15 days;
C) Unless terminated by either side, the Agreement shall remain in force for such period the Consumer is taking supply of electrical energy from the Licensee.

10.

OTHER CONDITIONS OF SUPPLY:
A) During the period of supply, the Licensee shall supply to the consumer and the consumer shall take from the Licensee all the electrical energy required by the consumer, subject to the limits of Contract Demand / Sanctioned Load, for the purposes stated herein above at Consumer's premises.
B) The Licensee shall install energy meter & other metering equipment of appropriate design, make & capacity at the point of delivery for the supply of electrical energy / point of supply of electrical energy;
C) For the purpose of this Agreement, availability of the electrical energy of the above stated appropriate voltage and frequency at the said point of delivery shall constitute the supply of electrical energy;
D) The consumer shall provide and continue to provide, during the continuance of this Agreement, suitable accommodation, to be approved by the authorized Officer of the Licensee, for placing equipment and apparatus of the Licensee, necessary for the performance of this agreement.
E) The Licensee shall be at liberty to bring upon the accommodation so provided at the Consumer's premises, not only the cables required for the supply of electrical energy to the Consumer but also the cables and other accessories & equipment necessary for giving connections to other Consumers through the cables and terminals situated on the Consumer's premises, provided the supply to the Consumer shall in no way be interfered with or its continuity jeopardized as a result of such action on the part of the Licensee.

11.

PAYMENT OF CHARGES:
A) The Consumer shall pay to the Licensee every month or after every such duration as may be prescribed by the Licensee, charges as mentioned in the Licensee’s tariff schedule referred to hereinafter, for the electrical energy supplied to the Consumer during the preceding month or the preceding such duration;
B) If during the existence of this agreement, the rates including Fixed Charges, are revised, replaced, increased or decreased, such revised, replaced, increased or decreased rates from the date specified, shall apply to the Consumer during and for the unexpired period of this agreement;
C) During the existence of the agreement, the current Tariff Schedule as declared by the appropriate Commission shall be deemed to be part of this Agreement;
D) Consumer is also liable to pay any tax, duty or other direct or indirect charges on electrical energy that may be payable in accordance with any law in force or which may increase the cost of production;
E) No payment shall be withheld on account of any dispute in the bill. The Refund/Recovery arising out of the disputed bill will be adjusted from the bill after settlement of the dispute;
F) It is the duty of consumer to approach the Licensee/ Forums established under the Act and Regulations for dispute resolution;
G) Pendency of dispute does not absolve the consumer from payment of Electricity Charges or any sum other than a charge for electricity due from consumer to the Distribution Licensee.

12.

DISCONNECTION OF POWER SUPPLY:
A) The consumer hereby agrees that its/his/her supply will be disconnected in case it/he/she fails to deposit current bill and arrears of electricity charges and other charges as may be due within 15 days from the date of receipt of Disconnection Notice for such charges;
B) The consumer hereby agrees that in the event it/he/she is found, prima-facie, involved in commission of theft of electricity, the Licensee shall have right to disconnect the supply forthwith without notice;
C) In the event of the supply of electrical energy being discontinued by the Licensee in consequences of any breach or default on the part of the Consumer entitling the Licensee so to do under the provisions of the Act and Rules, the amount of charges for the electrical energy already supplied and all other moneys then payable under this Agreement shall become due and recoverable forthwith provided always and it is hereby expressly agreed and declared that during the period of such discontinuance the consumer shall continue to pay the FIXED CHARGES payable as per the Licensee’s tariff in force;
D) If the consumer exceeds his contract demand on more than 3 occasions in a calendar year, the licensee may restate the Contract Demand as per exceeded Contract Demand after giving appropriate notice of 15 days and affording fair chance to the consumer to revise his Contract Demand;
E) Such revised Contract Demand being used for billing, the consumer hereby agrees to Contract Demand irrespective of whether such Contract Demand revision is mutually agreed or due to reasons stated in 12(D) above.

13.

FORCE MAJEURE:
Distribution Licensee shall not be liable for any failure or delay in performance under this Agreement or specified under Standard of Performance (SOP) due to any Force Majeure Event. For the purpose of this Agreement “Force Majeure Event” means, any event or circumstances which is or are not within the reasonable control of Distribution Licensee and which, by the exercise of reasonable care and diligence, Distribution Licensee is not able to prevent, including, without limiting the generality of the foregoing:-
A) Acts of God, such as lightning, storm, action of the elements of nature, earthquakes, flood and natural disaster;
B) Strikes, lockouts or other industrial disturbances;
C) Acts of public enemy, wars (declared or undeclared), blockades, insurrections, riots, revolution, sabotage, vandalism and civil disturbance;
D) Unavoidable accident, including but not limited to fire, explosion, radioactive contamination and toxic dangerous chemical contamination;
E) Any generation, transmission or distribution shutdown or interruption, which is required or directed by the State or Central Government or by the Commission or the State Load Dispatch Centre;
F) Any shut down or interruption, which is required to avoid serious and immediate risks of a significant plant or equipment failure;
G) Grid failure or other causes which are beyond the normal duties of a distribution licensee.

14.

TRANSFER OF AGREEMENT:
During the continuance of this Agreement, the Licensee shall be at liberty and shall disconnect the power supply of the Consumer on account of any or all of the following reasons, provided the Licensee shall issue a fifteen days notice to the Consumer in this regard and shall give an opportunity to the Consumer to make submissions in his support:
A) The Consumers being a limited company pass a resolution for winding up or be ordered to be wound up by a Court of competent jurisdiction or being an individual or individuals commit any act of insolvency or be adjudged insolvent or
B) The Consumer executes or creates any mortgage, charge or other encumbrances on any property or asset of the consumer so as to prejudicially affect the Licensee’s electric meter, plant, apparatus and equipment at the Consumer's premises or any part thereof or any right exercisable by the Supplier in connection with said electric meters, plant, apparatus and equipment;
C) The Consumer commits any breach of or fails to observe and perform any of the conditions and provisions contained in this Agreement on his part to be observed and performed;
D) The Consumer shall not, without the previous consent in writing of the Licensee, assign, transfer, or part with the benefit of this Agreement nor shall the consumer in any manner part with or create any partial or separate interest in it.

15.

SALE/TRANSFER OF SPECIFIED PREMISES:
A) Notwithstanding any sale, transfer or cessation of his rights, interest and entitlement in the Specified Premises, the Consumer shall continue to be liable for all amounts payable to Distribution Licensee in relation to the electricity supplied to the Specified Premises until termination of this Agreement or transfer of the connection in accordance with rules and regulations.
B) The consumer hereby agrees that any charge for electricity or any sum other than a charge for electricity due to licensee, which remains unpaid shall be charged on its/his/her premises and also on the premises transmitted to Legal Representative, Successor in law, new owner or occupier of the premises and shall be recoverable by the Distribution Licensee.

16.

UNDERTAKING:
The consumer hereby agrees and undertake as under:-
A) to abide by the provision of the Act and the Regulations framed by Commission from time to time;
B) to pay for the supply of electricity based on the prevailing tariff rates;
C) to pay for all other proper charges as become due in accordance with these Regulation and the approved schedule of charges of the Distribution Licensee;
D) that he shall deposit such security as the Distribution Licensee may be entitled to require from him under the Act and the Regulation.

17.

SECURITY DEPOSIT:-
A) The consumer hereby agrees to pay as security deposit the amount equivalent of the average of three months of billing or the billing cycle period, whichever is lesser, as per clause 11 of the Supply Code and other Conditions of Supply Regulation, 2005.
B) The consumer hereby agrees that the Distribution Licensee may refuse to give supply of electricity or to provide the line, plant or meter in case the consumer fails to give security to the Distribution Licensee.
C) The consumer hereby agrees that in case the security given by it/him/her has become invalid or in-sufficient, the licensee may by notice require, within 30 days after the service of notice to give reasonable security for payment of all money which may become due to the consumer in respect of supply of electricity or provision of line, plant or meter.
D) The consumer agrees that the distribution Licensee may discontinue the supply of electricity for the period during which such failure to pay security/additional security continues after the period of 30 days mentioned above.
E) The Distribution Licensee agrees that it will not insist for any security if the supply is through pre-payment mode.
F) The consumer agrees that the Distribution Licensee may impose restriction on the supply of electricity in pursuance of Sec. 43 read with section 48 of the Act.

18.

Dispute Resolution:
If any dispute or difference of any kind whatsoever (“Dispute”) arise between the Parties in connection with or arising out of this Agreement or out of the breach, termination or invalidity of the Agreement hereof, the Consumer agrees to resolve the dispute through mutual discussions failing which Consumer shall refer such Disputes for Redressal to the Forum for Redressal of Consumer Grievances set up by Distribution Licensee.

19.

Conditions and Miscellaneous Charges for Supply of Electrical Energy of the Licensee, for the time being in force and as amended and applicable to the Licensee from time to time shall be deemed to be part of this Agreement and shall govern the parties hereto in so far as applicable.

20.

Nothing contained in this agreement or any amendment thereof shall restrict any rights, obligations and discretion which the Licensee may derive under any legislation relating to the supply of electricity enacted during the period of this agreement.

21.

The Licensee shall take all reasonable precaution to ensure continuity of supply of power to the Consumer but shall not be responsible for or liable to the consumer for any loss to him or damage to his plant and equipment due to interruption in supply due to damage to the suppliers plant and equipment for reasons including but not limited to war, mutiny, riot, earthquake, cyclone, tempest strike, civil commotion, lock out, lightning, fire, flood, accident or break down of plant and machinery or causes beyond control of the Licensee.

22.

The Licensee shall give notice as early as possible of the probable duration of such interruptions in supply of power to the consumer.

23.

The Consumer hereby agrees that, under this agreement, the Licensee shall be permitted to curtail or stagger or cut off altogether the supply of electrical energy by the Licensee, if the power position or any other emergency in the power system warrants such a course of action.

24.

The Licensee shall always be entitled for reasons of testing or outages or maintenance or any other cause for efficient working of the undertaking to temporarily discontinue the supply for such period as may be necessary subject always to adequate advance notice being given in this behalf, with the object of causing minimum inconvenience to the consumer.

25.

In all matters herein not specifically provided for, the provisions of the Act, the Regulations framed by the Maharashtra Electricity Regulatory Commission, the provisions of the Conditions of Supply, for the time being in force there under shall apply.

26.

The stamp duty payable, if any, for registration of this Agreement, shall be paid by the Consumer.

27.

In the event of any wrong information furnished by the applicant(s), the Licensee will be at liberty not to release Service connection and forfeit the money, if deposited in addition to such other action as the Licensee deem fit.