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<br />programs, in accordance with the terms in Attachment B; provided that Provider <br />shall be allowed up to thirty (30) days to review such proposed uses of the Mark <br />before approving or denying such use, such approval will not be unreasonably <br />withheld. <br /> <br />TERMINATION: <br /> <br />This Agreement may be terminated at any time by either party by giving thirty <br />(30) days written notice to the other party. In addition, this Agreement shall <br />terminate thirty (30) days from the date Participant ceases to be an electric <br />service wholesale customer of Provider. Provider agrees to negotiate in good <br />faith to seek another agreement with Participant to continue Participant's <br />participation in TEXASWI$E™ programs. Participant agrees to pay Provider for <br />all services rendered by Provider to Participant prior to the termination date. <br /> <br />NOTICE: <br /> <br />Any notice or request required by this Agreement shall be in writing and be <br />mailed or delivered to the party to whom it must be provided at such party's <br />address given above I or at such other address as such party may from time to <br />time designate in writing. The mailing of a notice or request by registered or <br />certified mail shall constitute service of the notice. Service of notices sent by <br />other means shall be effective upon receipt. <br /> <br />INCORPORATION: <br /> <br />This Agreement constitutes the entire understanding of the parties relating to the <br />subject matter hereof; and there shall be no modification or waiver hereof except <br />by writing, executed by both parties. None of the terms of this Agreement may <br />be modified by any oral agreement of any officer, employee, or agent of <br />Provider. <br /> <br />PARTIES BOUND: <br /> <br />This Agreement shall be binding upon and ensure to the benefit of the parties <br />and their respective heirs, successors, and assigns; provided, however, that <br />Participant may not assign or transfer this Agreement in whole or in part, without <br />the prior written consent of Provider, such consent not to be unreasonably <br />withheld. <br /> <br />NON-WAIVER: <br /> <br />No failure or delay on the part of a party to exercise any right or remedy shall <br />operate as a waiver of such right or remedy, nor shall any 'single or partial <br />exercise of any right or remedy preclude any further or other exercise of any <br /> <br />TEXASWI$E PARTICIPATION AGREEMENT <br /> <br />PAGE 4 of6 <br />