PENNSYLVANIA RESIDENTIAL & SMALL COMMERCIAL TERMS AND CONDITIONS for Electric Generation Supply
Capital Energy PA LLC
1. Terms of Service. These Terms and Conditions together with the Electric Contract Summary (defined below), which is incorporated herein by reference, constitute the agreement (“Agreement”) between you and Capital Energy PA LLC dba Sunrise Power & Gas (“Sunrise”). “Electric Contract Summary” means, as applicable Schedule A accompanying these Terms and Conditions entitled – “Schedule A to Terms and Conditions Electric Contract Summary”.
2. Agreement to Purchase Electric Generation Service. This Agreement serves as the agreement for electric generation service to be provided to you by Sunrise. Subject to Sunrise’s acceptance of this Agreement and enrollment by your Electric Distribution Company (“EDC”), you agree to become a Sunrise customer and appoint Sunrise as your limited agent to perform the necessary tasks associated with your electric service and fulfill the terms of this Agreement. Sunrise agrees to sell and deliver to you, and you agree to purchase and accept, the quantity of electricity delivered to you, as measured or estimated by your EDC, all in accordance with the prices and other terms and conditions set forth in this Agreement. Your electricity will be delivered to you by your EDC. You understand that as part of Sunrise’s process of qualifying you for this Agreement and continuing service under this Agreement, Sunrise may investigate at any time and from time-to–time your credit history and choose to obtain a consumer credit report on you from a consumer-reporting agency. If Sunrise learns that your credit, payment history, or account status is not satisfactory, Sunrise may decline to provide retail electric service or any other service or product. Please note the following: Sunrise is licensed by the Pennsylvania Public Utility Commission as an Electric Generation Supplier to offer and supply electric generation services in Pennsylvania. Sunrise’s Commission license number is A–2017-2618194. Sunrise sets the Generation Service Charges that you pay. The Commission regulates electric distribution prices and services. The Federal Energy Regulatory Commission regulates electric transmission prices and services.
3. Definitions. Set forth below are the definitions of certain terms that are incorporated into this Agreement. If you need more help with definitions, please refer to the Pennsylvania Public Utility Commission‘s Consumers Dictionary for Electrical Competition, as amended, which can be found on the Commission‘s website at: http://www.puc.state.pa.us/electric/electric_competition_dictionary.as px
Agreement – These Terms and Conditions and the Electric Contract Summary, as they may be amended or restated from time-to–time. Basic Service – These are the services necessary for the physical delivery of your electricity, including electric generation service, transmission and distribution. (See below for description of these terms.)
Basic Service Charges – The total charge you pay to your EDC for Basic Service – that is, the total of the Electric Generation Service Charge (which, on your bill, will include your Transmission Charges), a monthly administrative fee (“Admin Fee”) if applicable, the amount of which is set forth in your Electric Contract Summary, Distribution Charges, and any monthly customer charge. The Admin Fee covers administrative costs for the procurement and management of your electric generation service.
Commission – The Pennsylvania Public Utility Commission.
Customer Charge – The charge to partially cover costs for billing,
meter reading, equipment, service line maintenance and equipment by your EDC. This charge is the same no matter how much electricity you use.
Default Service Provider – The company providing generation services to those who do not choose another supplier, are unable to find a supplier willing to serve them, or, for some reason, no longer receive generation services from another supplier. Your Default Service Provider can be found on your Electric Contract Summary.
Sunrise – Capital Energy PA LLC dba Sunrise Power & Gas, a Pennsylvania limited liability company, or its assignee or successor.
Distribution Charges – The charge on each customer‘s bill for delivering electricity from your EDC to your home or business, including the Customer Charge. The Distribution Charge is regulated by the Commission. It will vary according to how much electricity you
EDC – An abbreviation for “electric distribution company.” Your EDC is identified in the Electric Contract Summary.
Generation Service Charge – Part of the Basic Service Charge on each customer’s bill for the generation of (producing) electricity. Electric generation service is competitively priced and is not regulated by the Commission. This charge depends on the contract between the customer and the supplier. This service is included in the price that Sunrise charges you, as described in the Electric Contract Summary.
Contract Term – In this Agreement, this is the time period during which you will receive the prices set forth in the Electric Contract Summary.
kWh – An abbreviation for the basic unit of measure of electric energy, “kilowatt hours“.
PJM Interconnection – PJM Interconnection, LLC is a regional transmission organization that coordinates the movement of wholesale electricity in all or parts of 13 states, including Pennsylvania, and the District of Columbia.
Renewable Energy Certificate (REC) – An authorized document or other representation (electronic, paper, etc.) of the attributes
associated with the generation of a defined amount of electricity
(usually one megawatt hour [MWh]) at a renewable energy facility that represents proof that one megawatt hour (MWh) of electricity was generated from an eligible renewable energy resource like biomass, hydro, solar or wind. The non-tangible attributes have been separated (or unbundled) from the commodity electricity and, as a result, the REC may be traded separately from the electricity. Each REC will embody different characteristics that vary depending on the generation facility.
Time of Use – If you are purchasing a Time of Use Product you are agreeing to purchase from Sunrise a time of use product whereby you will be charged for electric generation service at varying rates depending on the time of day and/or day of the week as set forth in detail in the Electric Contract Summary.
Transmission Charges – The charge on each customer’s bill for transporting electricity from the source of supply (the generator) to the
EDC (your utility). It includes electricity capacity and transmission- related charges. The Federal Energy Regulatory Commission regulates retail transmission prices and services. This charge will vary with your source of supply.
4. Term of Agreement. The Contract Term (as defined in the Electric Contract Summary) of this Agreement will begin on the meter read date that your electric generation supplier is changed to Sunrise by the EDC. The Contract Term of your service will begin on the start date of the next monthly billing cycle and continue for the number of monthly billing cycles set forth in the Electric Contract Summary. This Agreement will be effective during the Contract Term and through any Renewal Periods (as defined in section 8) subject to the cancellation provisions of sections10 through 12 below.
5. Renewable Energy Plan. You are agreeing to purchase from Sunrise a product that is supported by
RECs, in an amount sufficient to match your annual consumption from your EDC. Sunrise will purchase RECs and retire renewable energy certificates of your purchased renewable energy source either in Pennsylvania or anywhere else in the United States (for the All Solar Plan, Sunrise will purchase and retire RECs from solar generation resources; for the 100% Wind Plan, Sunrise will purchase and retire wind RECs from wind generation resources and for the Solar/Wind Blend Plan, Sunrise Energy will purchase and retire RECs from solar and wind generation resources) at any time and from time to time throughout the year. The electricity supply distributed to your service location will not contain electricity supply generated from any specific electric generation facility. The availability of electric generation facilities varies hour to hour, and from season to season, as does electricity use by customers. Sunrise may take up to three (3) months following the close of a compliance year to make up any deficiency in the volume of renewable energy certificates needed from generation facilities associated with your Renewable Energy Plan.
6. Rewards Product Plan. If you are purchasing a Rewards Product Plan, you are agreeing to purchase from Sunrise a product that includes electric service and a specific product(s). Please allow 4–6 weeks for delivery of such specific product(s)
7. Pricing, Billing and Payment Terms. During your Contract Term, you will pay Sunrise for your electric generation service at the prices set forth in the Electric Contract Summary. The Contract Term Rate is for electric generation service and Gross Receipt Tax, and excludes other taxes and regulated charges from the utility, including but not limited to, delivery and distribution charges, and may include a monthly administrative fee (“Admin Fee”), if applicable, the amount of which is set forth in your Electric Contract Summary. The Admin Fee covers administrative costs for the procurement and management of your electric generation service. As to payment terms, your EDC will send you a bill monthly which will set forth the Basic Service Charge for Basic Service. That bill will contain, among other charges, Sunrise’s Generation Service Charges for electricity you used during the billing cycle, and any other charges incurred in accordance with this Agreement. That amount will be measured or estimated by the EDC. Depending upon the date of the meter read, your bill from the EDC may be prorated. The prorated billing is a technique for applying standard methods to nonstandard billing periods. A billing period that is shorter or longer than the EDC’s designated billing period days will have prorated charges based on a 30–day average for the applicable rate. Your payment will be due to the EDC by the date specified in the EDC bill. If you fail to pay it on time, you could be subject to interest and late charges imposed by the EDC, and your service could be disconnected. Your EDC may offer you budget, levelized or other payment plans.
8. Renewal and Notice of a Change to this Agreement. If you have a fixed term contract approaching the expiration date of the Contract Term or a Renewal Period (as defined below), as applicable, or whenever we propose to change the terms of service in any type of contract, you will receive two (2) separate notices that precede either the expiration date or the effective date of the proposed changes.
These notifications will explain your options going forward. The first
notification will be provided no more than sixty (60) days and no less than forty–five (45) days in advance of the expiration of the Contract Term or a Renewal Period (as defined below), as applicable, or of the changes in terms of service (“First Options Notification”). The second notification will be provided at least thirty (30) days in advance of the expiration of the Contract Term or a Renewal Period (as defined below), as applicable, or of the changes in terms of service (“Second Options Notification” and together with the First Options Notification, the “Notifications”). If you find the change(s) unacceptable, you may choose another supplier or return to EDC service before the change(s) go into effect, without any penalty to you. If you do not respond to the Notifications, your service with Sunrise will continue under the new terms and this Agreement, as amended, will automatically renew on a month–to–month basis or to another fixed term contract as set forth in the Notifications (a “Renewal Period”) with no early cancellation fee or incentive recovery fee.
(a) Month-to–Month Basis.
After the Contract Term, the rate for electricity will be a variable rate that may be higher or lower each month and will be set in Sunrise’s sole discretion. Sunrise typically considers the following factors when setting variable rates:
– publicly available competitor pricing.
– strategic business objectives.
– customer retention or attrition.
– market volatility or uncertainty.
– anticipated customer usage.
– the cost of procuring power including wholesale prices, ancillary service costs, capacity auctions, utility fees, transmission and distribution losses and storage costs.
– weather, supply congestion and infrastructure issues.
– legal or regulatory issues; and
– profit margin.
This list of factors is not exhaustive, and no single factor will determine the rate. Some factors must be estimated or projected, and the factors Sunrise considers may be weighed differently each month. Sunrise may amortize sudden cost increases over multiple billing cycles so that its customers do not bear the burden of such increases in a single month. In addition, Sunrise seeks to acquire the majority of its anticipated electricity supply in advance rather than from the spot market. For all these reasons, the variable rate may not correlate with changes in wholesale market prices or your local utility’s rates. In addition, the variable rate may be higher than your local utility rate or other suppliers’ rates. Your rate for the first month during such a Renewal Period will be set forth in the Second Options Notification and the Electric Contract Summary provided to you at that time. You may obtain the average monthly rates for the previous twenty four (24) months for Sunrise’s customers in your EDC’s service territory who received service on a variable rate (“Historical Rates”) by calling us at the telephone number set forth in section 17 or by visiting us at our website: www.sunriseenergy.com. Please note that Historical Rates are not indicative of current or future rates.
(b) Fixed Term Contract.
If during a Renewal Period, you receive electric service from Sunrise on a fixed term contract as set forth in the Notifications, then Sunrise will charge you for all electricity billed by your EDC at a fixed rate as set forth in the Second Options Notification and the Electric Contract Summary provided to you at that time. The rate will be for electric generation service and Gross Receipt Tax, and excludes other taxes and regulated charges from the EDC, including but not limited to, delivery and distribution charges, and may include a monthly administrative fee (“Admin Fee”), if applicable, the amount of which is set forth in your Electric Contract Summary. The Admin Fee covers administrative costs for the procurement and management of your electric generation service.
Furthermore, to the extent that you purchased our Renewable Energy Plan at the time of enrollment, during a Renewal Period, the product you purchase from Sunrise may not be a Renewable Energy product unless explicitly stated in the Second Options Notification.
In addition, to the extent you have a fixed rate contract with Sunrise, and performance of your current Agreement becomes uneconomical for Sunrise due to events that are beyond Sunrise’s reasonable control and/or Sunrise is subject to additional or increased costs that are imposed by law, rule, regulation or tariff, or Commission rule or order, Sunrise may propose change(s) to our terms of service with you, including, but limited to, passing through such additional costs and, thus, increasing your price. If Sunrise proposes to change our terms of service pursuant to the foregoing, Sunrise shall send you two written notifications. The first notification will be provided no more than sixty (60) days and no less than forty–five (45) days in advance of the changes in terms of service. The second notification will be provided at least thirty (30) days in advance of the changes in terms of service. If you find the proposed change unacceptable, you may choose to terminate your Agreement and choose another supplier or return to EDC service before the proposed change(s) go into effect, without charge or penalty to you. If you do not respond to the notifications your service with Sunrise will be terminated and we will return you to EDC service.
9. Your Right to Rescind or Cancel Service. You have three (3) business days after you receive a written copy of this Agreement to rescind your enrollment with Sunrise by submitting a Notice of Cancellation, or by calling Sunrise at the phone number provided in section 17 below (“Rescission Period”). After your service begins, you may cancel it at any time during the Contract Term, but you may be required to pay an early cancellation fee and/or incentive recovery fee as set forth in in the Electric Contract Summary. If an early cancellation fee and/or incentive recovery fee is imposed, you agree to pay it at the time of your request to cancel this Agreement, but no later than ten (10) days after the date you receive notice to pay it. If you move to a different service location and notify Sunrise of this move either (1) at the time you request that Sunrise cancel your service, or (2) prior to the time that your EDC communicates, then you will not be subject to the early cancellation fee; however, you may cancel by contacting Sunrise by using the contact information set forth in section 17 below. Also, at that time, you will be required to select another supplier or return to the EDC for electric generation service. When you cancel, you agree that you are responsible to pay for Sunrise’s service through the date you are switched to another supplier or returned to the EDC for service. Your cancellation will not be effective until the next regularly scheduled meter-reading date which follows the date on which Sunrise gives notice to the EDC of your cancellation request.
10. Sunrise’s Right to Cancel Service. You are affirming to Sunrise that you have provided Sunrise with your correct and complete name, address and contact information and you do not have any outstanding balance with Sunrise. If there is any evidence that any of these statements are or become untrue, or you otherwise provide fraudulent or misrepresented information, Sunrise can cancel this Agreement immediately. Also, if for any reason performance of this Agreement becomes materially uneconomical to Sunrise, or if Sunrise is otherwise unable to continue this Agreement, due to changes in laws, rules, or regulations or other acts of any governmental authority (including the Commission or PJM Interconnection) Sunrise can cancel this Agreement after giving you at least fourteen (14) days‘ advance written notice. If Sunrise cancels this Agreement, you must still pay all Sunrise charges through the date you are switched to another supplier or returned to the EDC for service. Your cancellation will not be effective until the next regularly scheduled meter-reading date following the date on which Sunrise gives notice to the EDC of your cancellation request. If you enroll (or attempt to enroll) in a Time of Use Product, and Sunrise determines that you do not have a smart meter, then Sunrise will have the right to cancel this Agreement (or cancel your enrollment with Sunrise).
11. EDC‘s Right to Cancel Service. IF YOU DO NOT PAY YOUR BILL(S), YOUR SERVICE MAY BE DISCONNECTED BY THE EDC. Your EDC will give you notice in the time frame prescribed by the Commission before it disconnects your electric service. The EDC may also disconnect your electric service immediately and without notice in certain urgent situations such as: (a) the existence of a known
dangerous condition: (b) where service is connected without authority
by a person who has not made an application for service; (c) where service is reconnected without authority after disconnection for nonpayment; (d) where there has been tampering with equipment; or
(e) where there is evidence of theft of service. This Agreement is automatically cancelled if the EDC returns you to EDC generation and distribution service.
12. Disputes. You should contact Sunrise regarding any dispute related to this Agreement. Sunrise will attempt to resolve the dispute in an efficient, fair, and timely manner. Sunrise will provide an acknowledgment of your dispute within a reasonable time after receipt. Sunrise will then issue a report within thirty (30) days after initiation of the dispute. Sunrise will report to you the results of its investigation of the dispute, and that report will be available to you in writing upon request. You always have the right to contact the Commission at any time. The contact information for both Sunrise and the Commission is set forth in section 17 below.
13. Title to Electricity. Title to the electricity will pass from Sunrise to you when it is delivered by Sunrise to the EDC.
14. Force Majeure (“Uncontrollable Forces”). Sunrise will make commercially reasonable efforts to provide your electric service but does not guarantee a continuous supply of electricity. Certain causes and events are out of Sunrise’s reasonable control (“Force Majeure Event(s)”) and may result in interruptions in service. Sunrise is not responsible for transmitting or distributing electricity. Sunrise is not liable for damages caused by Force Majeure Events, including but not limited to: acts of God, changes in laws, rules, or regulations or other acts of any governmental authority (including the Commission or PJM Interconnection), accidents, strikes, labor troubles, required maintenance work, inability to access the local distribution utility system, nonperformance by the EDC or any other cause beyond Sunrise’s reasonable control.
15. Limitations of Liabilities. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. SUNRISE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES. SUNRISE IS NOT LIABLE FOR INTERRUPTIONS TO, OR SHORTAGES OF, ELECTRICITY SUPPLY, NOR ANY ASSOCIATED LOSS OR DAMAGE RESULTING THEREFROM. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY LIABILITY OR DAMAGE. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
16. Sunrise’s Representations and Warranties; Limitation. THE ELECTRICITY PROVIDED UNDER THIS AGREEMENT WILL MEET THE QUALITY STANDARD OF THE APPLICABLE EDC AND WILL BE SUPPLIED FROM A VARIETY OF ELECTRIC GENERATION SOURCES INLUDING THE ELECTRICITY PROVIDED PURSUANT TO ANY RENEWABLE ENERGY PRODUCT REQUIREMENT. SUNRISE MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. SUNRISE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
17. Contact Information.
Sunrise: You may contact Sunrise in one of the following ways: (a) call 1–888–538-7001, Monday through Friday 9:00 a.m. to 6:00 p.m. EST (contact center hours subject to change without notice); or (b) write to Sunrise at 1770 St. James Place, Suite 606, Houston, TX 77056 (be sure to include your account number(s)). Sunrise’s internet domain address is: www.sunriseenergy.com. Information on generation energy sources, energy efficiency, environmental impacts or historical billing data is available from Sunrise upon request.
Your EDC (in case of emergency, including electric outage): Please refer to the Electric Contract Summary for your EDC’s contact information.
The Commission: You may contact the Pennsylvania Public Utility Commission, with an Informal Complaint or otherwise, as follows: (a) call 1–888–782–3228; or (b) PO Box 3265, Harrisburg, PA 17105-3265. Assistance Program: Your EDC may have programs available to customers who are on a limited or fixed income to assist them with utility bills. Some of these programs might include bill payment assistance and weatherization services. Information on your EDC‘s assistance program, if any, can be obtained by contacting your EDC at the number listed on the Electric Contract Summary.
18. Choice of Law. You agree that this Agreement shall be governed by Pennsylvania law, without regard to its conflict of law principles.
19. Taxes. Except as otherwise provided in this Agreement or required by law, all taxes of whatsoever kind, nature, and description, due and payable with respect to your performance of your obligations under this Agreement, will be paid by you.
20. Miscellaneous Provisions. This Agreement is subject to applicable laws and supersedes any previous promises, understandings, and agreements. If any provision of this Agreement is deemed invalid, illegal, or otherwise unenforceable, you agree that it shall be modified to the minimum extent necessary to render it valid, legal, and enforceable. If a provision cannot be modified in a manner that would make it valid, legal, and enforceable, the provision shall be severed from the Agreement, and all other provisions shall remain in full force and effect. Any failure on our part to enforce any of the terms of this Agreement or to exercise any right under such terms shall not be considered a waiver of Sunrise’s right to enforce each and every such term, exercise such right or exercise any other right under this Agreement. You may not assign this Agreement without Sunrise’s prior written consent. Sunrise may: (a) transfer or sell this Agreement or your account in connection with any financing; (b) transfer this Agreement to any of its affiliates; (c) transfer or assign this Agreement to anyone succeeding to all or substantially all of Sunrise’s assets or business; and (d) transfer or assign this Agreement to another supplier licensed by the Commission. After assignment, Sunrise will have no further obligations under this Agreement. This Agreement is binding upon you and Sunrise and will further bind each of your successors and permitted assigns.
21. Written Notice. Written notice includes, but is not limited to, notice by electronic mail to a valid e-mail address provided by you. By entering this Agreement, you authorize us to send written notices to you through electronic mail as permitted by rule and law. The decision to send written notices to you via electronic mail is at our sole discretion. If the e-mail address you provide to us at enrollment becomes invalid, you agree to timely provide us with an updated, valid e-mail address to which we will send written notices. You are solely responsible for providing us with a valid e-mail address.
22. Information Release and Authorization. This Agreement provides authorization for your EDC to release all information regarding your electricity account to us and for us to contact you about our other products and services or share information about your account with any designated rewards partner or with any third-party vendor we use to provide services and rewards to you. We reserve the right to share information with our affiliates, to the extent permitted by law. If you do not wish for us to share information about your account, you may cancel this Agreement by calling us at the number listed in section 17 of this Agreement. You further authorize Sunrise, its affiliates, and its third-party vendors to contact and communicate with you at the contact information included in your enrollment or contact information received at any time during the relationship of the parties, for future communications, including but not limited to communications through telephone call, voicemail, text message, pre-recorded message and e-mail. Additionally, by providing your phone number, you authorize Sunrise, its affiliates, and its third-party vendors to cause the transmission of text messages to the phone number you provide using an auto-dialer. Standard carrier charges may apply, and consent is not a condition of purchase. You may opt out at any time by either calling us at 1-888-538-7001 or by providing written notice to Sunrise at 1770 St. James Place, Suite 606, Houston, TX 77056.
23. Arbitration and Waiver of Jury Trial: TO THE FULLEST EXTENT PERMITTED BY PENNSYLVANIA LAW, ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS CONTRACT, SHALL BE FINALLY RESOLVED BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA COMMERCIAL RULES AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS A SMALL CLAIMS ACTION, IN THE MAGISTERIAL DISTRICT COURT OR HARRISBURG MUNICIPAL COURT, JUDICIAL SYSTEM OF PENNSYLVANIA, (“SMALL CLAIMS COURT”), IF THE DISPUTE OR CLAIM IS WITHIN THE SCOPE OF ITS JURISDICTION. BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN IN SMALL CLAIMS COURT, AND THE RIGHT TO A JURY TRIAL. THE ABILITY TO CONDUCT DISCOVERY IN ARBITRATION IS LIMITED AND THE ARBITRATOR’S DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.