Assignment Provisions in EES/Utility Service Agreements

New York: ConEd

A. No customer may assign its rights or obligations under the service agreement (Jim, I've looked at this and it relates only to customer specific obligations under the retail access program - thus I agree with you that this provision is not a problem)
B. Per the Service Agreement, EES may assign its obligations under the contract to an eligible ESCO with prior written notice to Con Edison.
C. Per the ConEd Plan and Operating Procedure, EES can assign to another ESCO provided the customer contracts permit.
D. EES contracts for mass markets allow for sssignment without the customers consent
Massachusetts: (BECO, WMECO, MECO, Commonwealth, Cambridge)
Either party to the agreement can assign, with 30 days prior written notice to the other paty, provided that the assignee satisfies all relevant eligibility requirements. EES will remain liable for obligations under the agreement until such obligations have been assumed by the assignee.

Ohio: First Energy
EES can asssign its rights and obligations under the tariff only with written consent from First Energy, which consent not to be unreasonably withheld.