REMITTING STORM RECOVERY CHARGES AND OTHER PAYMENTS WITH RESPECT TO STORM
RECOVERY PROPERTY TO THE SERVICER UNDER THE FINANCING ORDER, THE SECURITIZATION
ACT, LPSC REGULATIONS OR APPLICABLE TARIFFS AND REMITTING THESE COLLECTIONS TO
THE TRUSTEE;
(X)
RESPONDING TO INQUIRIES BY CUSTOMERS, THE LPSC OR ANY OTHER
GOVERNMENTAL AUTHORITY WITH RESPECT TO THE STORM RECOVERY PROPERTY AND THE STORM
RECOVERY CHARGES;
(XI)
MAKING ALL FILINGS WITH THE LPSC AND TAKING SUCH OTHER ACTION AS
MAY BE NECESSARY TO PERFECT THE ISSUER'S OWNERSHIP INTERESTS IN AND THE
TRUSTEE'S FIRST PRIORITY
3
LIEN ON THE STORM RECOVERY PROPERTY AND THE OTHER PORTIONS OF THE SERIES TRUST
ESTATE UNDER THE INDENTURE;
(XII)
SELLING, AS THE AGENT FOR THE ISSUER, AS ITS INTEREST MAY APPEAR,
DEFAULTED OR WRITTEN-OFF ACCOUNTS IN ACCORDANCE WITH THE SERVICER'S USUAL AND
CUSTOMARY PRACTICES;
(XIII)
TAKING ACTION IN CONNECTION WITH STORM RECOVERY CHARGE
ADJUSTMENTS AND ALLOCATION OF THE CHARGES AMONG VARIOUS CLASSES OF CUSTOMERS AS
IS SET FORTH HEREIN;
(XIV)
ANY OTHER DUTIES SPECIFIED FOR A SERVICER UNDER THE FINANCING ORDER
OR OTHER APPLICABLE LAW; AND
(XV)
RECONCILING, WITHIN 30 CALENDAR DAYS AFTER BANK STATEMENT CUTOFF
DATE OR SUCH LATER TIME AS IS CONSISTENT WITH THE SERVICER'S USUAL AND CUSTOMARY
PRACTICES THAT DOES NOT MATERIALLY IMPAIR THE ABILITY OF THE SERVICER TO CORRECT
ERRORS, ALL BANK ACCOUNT DEBITS AND CREDITS FOR BANK ACCOUNTS THAT ARE HELD IN
THE NAME OF THE SERVICER (AS SERVICER HEREUNDER) OR OF THE ISSUER THAT RELATE TO
THE SERIES TRUST ESTATE OR THE STORM RECOVERY BONDS.
Anything to the contrary notwithstanding, the duties of the Servicer set forth
in this Agreement shall be qualified in their entirety by, and the Servicer
shall at all times comply with, the Financing Order, the Securitization Act and
any LPSC Regulations, and the federal securities laws and the rules and
regulations promulgated thereunder, including Regulation AB, as in effect at the
time such duties are to be performed. Without limiting the generality of this
Section 3.01(a), in furtherance of the foregoing, the Servicer hereby agrees
that it shall also have, and shall comply with, the duties and responsibilities
relating to data acquisition, usage and bill calculation, billing, customer
service functions, collections, payment processing and remittance set forth in
the Issuer Annex hereto, as it may be amended from time to time. For the
avoidance of doubt, the term "usage" when used herein refers to both kilowatt
hour consumption and kilowatt demand.
(B)
REPORTING FUNCTIONS.
(I)
NOTIFICATION OF LAWS AND REGULATIONS.
UPON ACQUIRING ACTUAL
KNOWLEDGE THEREOF IN THE COURSE OF ITS PERFORMANCE OF DUTIES IN ACCORDANCE WITH
THE TERMS HEREOF, THE SERVICER SHALL IMMEDIATELY NOTIFY THE ISSUER, THE LPSC,
THE TRUSTEE AND EACH RATING AGENCY IN WRITING OF ANY LAWS OR LPSC REGULATIONS,
ORDERS OR DIRECTIONS HEREAFTER PROMULGATED OR LPSC PROCEEDINGS HEREAFTER
INITIATED RELATED TO THE FINANCING ORDER THAT HAVE, OR IN THE CASE OF LPSC
PROCEEDINGS, MAY HAVE A MATERIAL ADVERSE EFFECT ON THE SERVICER'S ABILITY TO
PERFORM ITS DUTIES UNDER THIS AGREEMENT.
(II)
OTHER INFORMATION.
UPON THE REASONABLE