of the Rental, Provident will complete a reading for billing purposes. Tenant will be mailed a
final Invoice within fifteen (15) days of the final reading and any Deposit held by Provident to
the credit of Tenant shall be applied toward payment of the Invoice and any amount thereafter
owing shall be paid forthwith by Tenant. Where there is a balance left to the credit of Tenant
after payment of the Invoice, the balance of the Deposit shall be returned to Tenant. Where
Customer fails to comply with this clause, Customer’s obligation to pay Provident for the
Services shall continue until Provident has made a final reading and the final Invoice is paid.
During the period prior to a new Rental, Customer will receive the Invoices applicable to the
Unit, but no reconnection/new account charges apply until the next Rental.
7. Customer shall provide written notice to Provident of an intent to sell and/or assign the Unit (a
“Disposition”) and his/her forwarding address, at least 10 days prior to the date of the
Disposition, which notice must also specify the effective date of the Disposition. Customer will
arrange for such buyer/assignee to enter into a CSA with Provident in the same form as this
Agreement prior to such third party obtaining occupancy of the Unit under which such third
party agrees to the terms hereof, including payment of the Charges. Upon the effective date of
the Disposition, Provident will complete a final reading for billing purposes. Customer will be
mailed a final Invoice within fifteen (15) days of the final reading and any Deposit held by
Provident to the credit of Customer shall be applied toward payment of the Invoice and any
amount thereafter owing shall be paid forthwith by Customer. Where there is a balance left to
the credit of Customer after payment of the Invoice, the balance of the Deposit shall be
returned to Customer. Where Customer fails to comply with this clause, Customer’s obligation
to pay Provident for the Services shall continue until Provident has made a final reading and the
final Invoice is paid.
8. Customer acknowledges that Provident is not responsible for the operation or condition of the
Metered Utilities and/or electrical or mechanical infrastructure at the Premises (other than the
sub-metering system pertaining to the Metered Utilities) including, but not limited to, all wires,
switches, valves, piping, regulators, outlets, electrical panels or fixtures. Furthermore, the local
utility distribution companies and not Provident are responsible and in control of the supply of
Metered Utilities to the Premises and/or to the Unit.
9. Customer shall not modify, or permit the modification of any of the downstream piping or
appliances from the sub-metering system unless it has provided Provident with at least 30 days’
prior written notice of such change or modification, including any applicable drawings, and
should Customer become aware of any such change or modification by any person, other than
Provident and its affiliates and their respective representatives and agents, Customer shall
notify Provident forthwith of such modification. In the event that Provident determines that
such modification(s) affects the operation of its sub-metering system, Customer shall be
responsible for all costs and expenses, on a time and materials basis, incurred by Provident to
complete all related repairs or other work or improvements to such submetering system, and
will indemnify Provident for all of its losses incurred in connection therewith. Modifications
shall only be undertaken in accordance with applicable laws.
10. In the event that upon a request by Customer for an inspection of the meters in respect of the
Unit, Provident determines that the meters did not require any maintenance or repair,
Customer agrees to pay for the cost of such inspection performed by Provident, in accordance
with the Charges. Customer agrees that neither he/she/they/it, or other residents of the Unit or
those allowed to access the Unit and/or the sub-metering system, will directly or indirectly,
interfere with the operation of, or remove, relocate, suspend, disconnect, alter, terminate or
damage the sub-metering system and Customer agrees to indemnify Provident in respect of
any losses, costs, expenses or damages caused thereby.
11. Customer shall provide Provident with access to the sub-metering system whenever reasonably
required for purposes of inspection, maintenance, repair or removal of same and the provision
of the Services, and will authorize site personnel at the Premises to grant Provident access to
the Unit.
12. If Customer fails to pay any Charges, then Provident shall be entitled, upon notice to the
Customer, and in addition to any other remedies available to it at law, to disconnect, or limit
the delivery of Metered Utilities to the Unit until such time as such Charges are paid in full.
Provident shall have no liability whatsoever for any consequences from the disconnection of
Metered Utilities due to Customer’s failure to pay Invoices in full, or otherwise. Customer
acknowledges that non-payment of Invoices may result in a lien being registered against the
Unit, as may be provided in the subject condominium documents and the Master Agreement.
13. Provident shall not be in default of the performance of hereunder during any period when
Provident is prevented from such performance by reason of any condition or occurrence which
is beyond the control of Provident and any period stipulated for the performance of any such
obligation or covenant shall be extended accordingly. In no event whatsoever shall Provident
shall be liable for any loss of profits or revenues, business interruption loss, loss of contract or
loss of goodwill, loss of data or for any direct, indirect, consequential, incidental or special
damages, including but not limited to punitive or exemplary damages, whether any of the said
liabilities, losses or damages arise in contract, tort or otherwise.
14. No director, officer, shareholder, employee, agent or representative of Provident shall be liable
at law to Customer, an occupier of or visitor to the Unit, for any claim arising out of or
pertaining to the provision of the Services.
15. Customer consents to: (i) Provident providing consumption and payment information in respect
of the Unit to the Owner/Condominium and/or the subject property manager, and otherwise as
may be permitted by law; (ii) the collection, use, disclosure and maintenance of personal
information of Customer and of occupants of the Unit by Provident, its affiliates or authorized
service providers, for the limited purposes of performing the Services and collection of Invoices,
and otherwise in accordance with the terms of Provident’s Privacy Policy which is available at
www.pemi.com; (iii) Provident undertaking a credit reference check of Customer, with the
results thereof to be handled by Provident in accordance with the Privacy Policy and applicable
laws, (and Customer may contact Provident’s Privacy Officer to discuss any question or
concerns related to Provident’s Privacy Policy or how Customer’s personal information is being
handled by contacting Provident’s Privacy Officer by: email at info@pemi.com, telephone at
416-736- 0630, or mail at 20 Floral Parkway, Concord, Ontario L4K 4R1, Attention: Privacy
Officer); Provident, its related parties and/or authorized service providers contacting Customer
(including by way of commercial electronic messages) from time to time in respect of other
services or wares that may be of interest to Customer and/or information concerning Metered
Utilities cost savings and conservation measures to assist in reducing consumption and related
costs (and Customer may withdraw such consent on written notice).
16. This agreement may be terminated by Provident upon notice to Customer, in which case
Provident may conduct a final reading on the termination date and render a final Invoice in
respect of the Services and a reconciliation of the Deposit will be made. This agreement
constitutes valid, binding and enforceable obligations of Customer and such enforceability is
not dependent upon the enforceability of the Master Agreement and will be binding for the
entire term set out in the Master Agreement, until the termination of such term upon the
occurrence of any of the specific events of termination specifically set out therein, or in
accordance with Section 112 of the Condominium Act.
17. Any notice required or permitted under this agreement may be given by Provident to Customer
by ordinary mail sent to the Service Address (or the mailing address, in the event a mailing
address is provided by the Customer), in which case the notice shall be deemed to have been
received on the 3rd day following mailing. Where Customer has selected paperless ebilling,
Provident shall have the right to deliver notices required or permitted under this agreement
electronically and such notice shall be deemed to have been received upon completion of such
electronic transmission. Customer shall give any notices to Provident by facsimile transmission
to 416-736-4923, ordinary mail (in which case the notice shall be deemed to have been
received on the 3rd day following mailing) to Provident Energy Management Inc. 20 Floral
Parkway, Concord Ontario, L4K 4R1, or email to customerservice@pemi.com (in which case the
notice shall be deemed to have been received on the next business day after transmittal, and
provided further that a notice by email shall be deemed to have been received only if an email
receipt (maintained by Customer) indicates that the transmission of such notice was
successful).
18. In the event that, upon termination of the Master Agreement, a termination payment is stated
to be payable thereunder by the Owner/Condominium, Customer agrees to pay Provident, as
principal debtor and not as surety, the amount of the termination payment attributable to the
Unit, within 15 days of written notice by Provident. Provided however, that such payment shall
not be due unless and until the Owner/Condominium has failed to make such payment within
15 days of such payment being due by it.
19. In the event that the Owner/Condominium is a common element condominium corporation,
then the term “Premises”, when used herein, shall mean the various parcels of tied land
relating to such common element condominium corporation.
20. Customer recognizes that Provident is not a consumer of utilities at the Premises. All charges
levied by the local distribution companies in a particular billing period are to be fully recovered
under the charges for same in the Invoices for the Premises for such billing period, and any
shortfall recorded by a reading of the subject meters may be recaptured by Provident in the
Invoices by way of a loss adjustment factor.
21. If any provision hereof or its application to any person or circumstance is held to be invalid or
unenforceable, said provision shall be severed and the remainder of this agreement shall
continue to remain in full force and effect, subject to such modifications as may be necessary to
carry out the provisions and intent hereof.
22. This agreement shall be binding upon the respective heirs, executors, administrators,
successors and permitted assigns of the parties. Provident may assign any of its rights and
obligations under this agreement, and upon such assignment, Provident will be released from
any further obligations to Customer hereunder. The provisions hereof shall be read with all
grammatical and gender changes necessary and any singular reference to Customer shall be
deemed to include all Customers to this agreement. All obligations of Customer hereunder shall
be deemed joint and several obligations and provisions of this agreement relating to payment
for Services shall be binding on Customer after the date Customer vacates the Unit or
terminates this agreement and shall remain binding until such time as all payments required to
be made under this agreement have been paid.
23. This agreement, including the Conditions, constitutes the entire agreement between the
parties, and Customer acknowledges that there are no representations or undertakings
whatsoever, and no alteration or waiver whatsoever of the terms hereof shall be valid unless it
be in writing and signed by the parties; provided that Provident may from time to time, amend,
replace or otherwise modify the Conditions including the Charges upon notice contained within
an Invoice.
