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b. If to Gexa:
<br />Gexa Energy, LP
<br />20455 State Highway 249, Suite 200
<br />Houston, Texas 77070
<br />SECTION 7: DEFINITIONS
<br />7.1 Definitions. In addition to terms defined elsewhere in this Agreement, when used with initial capitalization,
<br />whether singular or plural, capitalized terms have the meanings set forth in this Section 7.1. All other capitalized
<br />terms not otherwise defined shall have the meanings given them in the following documents, with any conflicting
<br />definitions contained in those documents applied in the following order: PURA, the PUCT Substantive Rules, and the
<br />ERCOT Protocols.
<br />1. "Actual Usage" means the actual amount of electric energy (in kWh) used at the ESI ID(s) as determined by
<br />the TDSP.
<br />2. "Delivery Charges" means those charges or credits from the TDSP pursuant to its tariff, including, but not
<br />limited to: Transmission and Distribution Charges, System Benefit Fund Charge, Nuclear Decommissioning Charge,
<br />Competitive Transition Charge, Standard Customer Metering Charge, Customer Charge, Merger Savings and Rate
<br />Reduction Credit, Excess Mitigation Credit and Utility Imposed Reactive Power Charges.
<br />3. "EEI Master Agreement" mean an EEI Master Agreement between Gexa and the Energy Manager governing
<br />the Wholesale Transactions entered into by the Energy Manager in accordance with Section 2.1 and transferred by the
<br />Energy Manager to Gexa.
<br />4. "Effective Date" means the date of the first meter reading of an ESI ID provided to Gexa by the TDSP after
<br />the TDSP and ERCOT shall have timely performed any required enrollment and cancellation procedures necessary to
<br />switch Customer's REP to such ESI ID to Gexa.
<br />5. "Electricity Related Charges" means, unless noted otherwise: Ancillary Services Charge, Congestion,
<br />ERCOT Administrative Fee, Delivery Loss Charge, Transmission Loss Charge, Renewable Energy Credit Charge,
<br />Residential Energy Credit Charge, Unaccounted For Energy Charge, Qualified Scheduling Entity Charge, Imbalance
<br />Settlement Charge.
<br />6. Energy Manager" means the wholesale market participant designated by TCAP to perform the services
<br />described in the PSA.
<br />7. "Energy Price(s)" means the rates per unit of measure specified in Section 2.1 and includes all Electricity
<br />Related Charges.
<br />8. "ERCOT" means the Electric Reliability Council of Texas.
<br />9. "ERCOT Protocols" means the document adopted, published, and amended from time to time by ERCOT,
<br />and initially approved by the PUCT, to govern electric transactions in the ERCOT Region, including any attachments or
<br />exhibits referenced in the document, that contains the scheduling, operating, planning, reliability, and settlement
<br />policies, rules, guidelines, procedures, standards, and criteria of ERCOT, or any successor document thereto.
<br />10. "ESI ID(s)" means the Electric Service Identifiers for the property service addresses identified on Attachment B
<br />to this Agreement or if Customer is an existing Gexa customer then the list of service addresses currently served by
<br />Gexa, as such list may be modified from time to time as provided in Section 1.4.
<br />11. "Expected Usage" means either the amount stated in Attachment B calculated for the remaining Term, or if no
<br />amounts are stated or Customer is an existing Gexa customer then the average actual monthly Customer energy
<br />usage from the comparable month from the previous year (or if an average cannot be computed due to limited service
<br />by Gexa or other circumstances, an average monthly usage as is reasonably determined by Gexa) times the number
<br />of months remaining in the Term as outlined in Section 1.4.
<br />12. "kWh" means kilowatt hour.
<br />13. "LMP" or "Locational Marginal Price" means the price calculated for the applicable trading hub pursuant to
<br />the ERCOT Protocols.
<br />14. "Market Rate" means 135% of the load -weighted average of the hourly LMPs at the corresponding load zone,
<br />as determined for any delivery period.
<br />15. "Nodal Market" means the implementation of wholesale market design by ERCOT with locational marginal
<br />pricing for resources.
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