service agreement

This agreement (the "Agreement") is between you ("Customer") and TIKA Energy Management ("TIKA"), distributors of Metering Services ("Services").

Cooperation and Assistance
As a condition precedent to TIKA's obligations hereunder, Customer shall provide TIKA with full, good faith cooperation and such information as may be required by TIKA in order to render the services as required hereunder.

Transfer of Agreement
This agreement is not transferable by any Customer, and any attempt by any Customer to transfer this Agreement shall be void and a violation of this Agreement.

Customer acknowledges that TIKA owns all intellectual property rights to it's Services, including any associated documentation. The parties agree that, except as stated herein, this Agreement does not grant Customer any rights to copyrights, trade names, trademarks (whether registered or unregistered), or any other rights, or licenses in respect of the foregoing items.

Use and Nondisclosure
The parties agree to hold each other's Confidential Information in confidence. The parties agree, unless required by law, not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than business between the Customer and TIKA. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.

Disclaimers
Warranties do not cover abuse, neglect, improper testing, vandalism, acts of God, use contrary to the applicable specifications or instructions, or repair or modification to the Services by anyone other than TIKA or TIKA's authorized agents. TIKA shall not be responsible for any errors or any delays, breakdowns or interruptions in the Customer's use of the Services, unless caused by the gross negligence or willful misconduct on the part of TIKA.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT (EXCEPT RELATING TO CONFIDENTIALITY OBLIGATIONS), CUSTOMER AGREES THAT IN NO EVENT SHALL TIKA'S LIABILITY TO CUSTOMER, AND ANY OTHER THIRD PARTY IN CONNECTION WITH THE PERFORMANCE OF ANY OR ALL OF THE SERVICES ARISING IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER PRECEDING THE CLAIM.

Force Majeure
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, acts of God, war, governmental action, labor conditions, material shortages, or any other cause beyond the reasonable control of such party.