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16. "Nodal Congestion" means the positive difference in price between the real-time settlement point price as <br />determined by ERCOT for the trading hub and the real-time settlement point price as determined by ERCOT for the <br />load zone associated with the customer Facilities. <br />17. "Non -Recurring Charges" means any charges imposed by the TDSP or other third parties on a non-recurring <br />basis for services, repairs or additional equipment needed for Customer's electric service. <br />18. `DUCT" means Public Utility Commission of Texas. <br />19. "Project Settlement Payment" means the Project Settlement Payment as defined in the Project Addendum, <br />attached as Schedule I to this Agreement. <br />20. "QSE Services Fee" means the fee owed from Customer to Gexa, and remitted from Gexa to Energy <br />Manager, for QSE Services performed by Energy Manager for the Term, as mutually agreed between TCAP and <br />Energy Manager, the Customer having authorized TCAP to negotiate such fee on behalf of Customer in the PSA. The <br />QSE Services Fee shall be included in the Energy Price for the Term. <br />21. "REP Services Agreement' means the REP Services Agreement currently in effect during the Term, as <br />amended from time to time, between Gexa and TCAP. <br />22. "REP Services Fee" means the fee owed from Customer to Gexa, for REP services rendered during the <br />Term, as mutually agreed between TCAP and Gexa, the Customer having authorized TCAP to negotiate such fee on <br />behalf of Customer in the PSA. The REP Services Fee shall be included in the Energy Price for the Term. <br />23. "Taxes" means all taxes, assessments, levies, duties, charges, fees and withholdings of any kind levied by a <br />duly -constituted taxing authority and all penalties, fines, and additions to tax, and interest thereon that are directly <br />related to the services provided under this Agreement, but does not include the System Benefit Fund fee and fees and <br />charges imposed by ERCOT. By way of example only, Taxes includes: Sales Tax, Miscellaneous Gross Receipts Tax, <br />PUCT Assessment Fees and Franchise Fees. <br />24. `TCAP" means Texas Coalition for Affordable Power, an aggregation pool of governmental and other entities <br />organized and administered by TCAP of which Customer is a member for the ESI IDs. <br />25. "TDSP" or "Transmission and Distribution Service Provider" means an entity regulated by the State of <br />Texas, which transmits or distributes electric energy. <br />Attachments: <br />Attachment A Terms and Conditions of Service <br />Attachment B (for new TCAP Customers only) Offer Sheet (ESI ID list and Expected Start Date) <br />ELGCTXTCAPCESAEXTEND040920 <br />