Summer 4CP Forecast Form

Member Agreements

The Information is proprietary and confidential and may not be disclosed. The Information remains at all times the property of PEC. Member shall protect Information provided to Member, from any use, distribution or disclosure except as permitted herein. Member shall use the same standard of care to protect Information as Member uses to protect its own Information, but in no event less than a reasonable standard of care.

Member agrees and acknowledges that PEC is not making any representation or warranty, express or implied, as to the accuracy or completeness of the Information, and PEC will not have any liability to the Member relating to or resulting from the use of or reliance on the Information or for any errors therein or omission therefrom. Further, PEC is not liable for any delayed messages or notifications regarding the peak forecast or any undelivered messages or notifications.

Member shall promptly return to PEC or destroy, at PEC’s option, all or any requested portion of the Information. Member shall restrict the possession and use of Information to Member’s employees who: (a) have a substantive need to know such Information in connection with the 4CP Program; (b) have been advised of the confidential and proprietary nature of such Information; and (c) have personally agreed to protect from unauthorized disclosure all confidential and proprietary information, of whatever source and including Information, to which they have access in the course of their employment.

Member acknowledges and agrees that any breach or threatened breach of these terms and conditions is likely to cause PEC irreparable harm for which money damages may not be an appropriate or sufficient remedy. Member agrees to indemnify PEC for any damages resulting from any breach of these terms and conditions by Member. Member further expressly acknowledges and agrees that PEC is entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach, without the obligation of posting bond. Such remedy is not the exclusive remedy for any breach or threatened breach hereof, but is in addition to all other rights and remedies available at law or in equity.

PEC may modify or cancel the peak forecast at any time. Member may stop receiving the peak forecast at any time by notifying PEC in writing.