1. The Customer agrees to rent from NB Power one or more of the following: streetlight, dusk-to-dawn light or flood light (the “Lighting Equipment”) at the monthly rental fees listed on the  following pages
   • For Your Home / Pricing
   • For Your Business / Pricing
2. The Customer understands and agrees that acceptance of the Service constitutes a binding contract between the Customer and NB Power to the same extent as if a written contract had been made, whether or not the customer’s signature is obtained, and as such, the Customer shall be bound by the Terms and Conditions outlined herein.
3. The cost of the Lighting Equipment will be itemized on and added to the Customer's monthly metered account for electric service or, at the Customer’s request, billed on a separate account. Any invoice for the Service shall be paid by the Customer in accordance with NB Power’s Terms and Conditions of Service Agreement which can be found here.
4. The Customer shall be billed for the Service for a minimum of 12 consecutive months (the “Initial Term”) at the applicable monthly rental fee as outlined in paragraph 1 above. After the Initial Term, this agreement shall automatically renew on a month-to-month basis unless terminated by either party upon at least 30 days’ notice.
5. In addition to the Terms and Conditions outlined herein, the Service is subject to the terms and conditions outlined in section G4 of NB Power’s Rates Schedules and Polices (the “RSP”).
6. NB Power reserves the right to terminate the Service immediately upon the threat of or actual damage or continued damage to the Lighting Equipment.
7. Should the Customer discontinue electric service or the Service prior to the completion of the Initial Term, the balance of the charges for the Initial Term of the Service shall immediately become due and payable.
8. In order to activate the Service for the Customer, NB Power will supply and install the Lighting Equipment along with related wiring, brackets, and all necessary fittings.
9. The Lighting Equipment is to be installed on NB Power owned and provided utility poles only. In addition, the Customer understands and agree that it will not attach additional lighting, signage or other permanent fixtures to NB Power owned utilities poles.
10. NB Power reserves the right to change the monthly rental fee for the Service without advance notice to the Customer. All Lighting Equipment rented by the Customer from NB Power will be subject to the fee change.
11. The monthly rental fee includes installation, the Lighting Equipment, energy, and maintenance for the Initial Term and any automatic renewal thereof. The monthly rental fee applies to Lighting Equipment on NB Power’s existing utility poles only. If the Customer requests installation of Lighting Equipment where a utility pole does not already exist, the Customer will be charged for the cost of the new utility pole rental, in addition to the monthly rental fee for the Lighting Equipment.
12. NB Power assumes no liability for light level requirements or the Customer’s failure or refusal to follow recommended practices in relation to Lighting Equipment. The Customer understands and agrees that it is their responsibility to select appropriate types and levels of lighting based on their specific area or roadway lighting requirements.
13. NB Power reserves the unilateral right and does not require the Customer’s consent to make adjustments or changes to Lighting Equipment to prevent or mitigate against light nuisance to adjacent persons, property or buildings.
14. Maintenance for the Lighting Equipment:
    1. NB Power will maintain the Lighting Equipment and the utility poles to which the Lighting Equipment is attached, with maintenance work to be performed during reasonable working hours at the discretion of NB Power.
    2. If the Service or the Lighting Equipment fails or is interrupted, or becomes defective through acts of nature, public enemies, accidents/strikes, actions of the elements, or for any cause beyond NB Power’s reasonable control, NB Power shall not be liable to the Customer for any resulting loss or damage. If the Lighting Equipment fails, is interrupted or becomes defective as outlined above, the Customer acknowledges and agrees that it must notify NB Power of the same by calling 1 800 663-6272.
    3. The Customer understands and agrees that it is responsible to arrange for and cover the cost of any required vegetation management near or around the Lighting Equipment. Any damages or outages caused by the Customer, or their hired contractor, during such vegetation management are the responsibility of the Customer.
15. An NB Power authorized representative will determine if the Lighting Equipment can be installed safely at the utility pole location requested by the Customer.
16. The Customer understands and agrees that the Lighting Equipment is part of NB Power’s electrical service offerings and that the Lighting Equipment can only be installed, serviced, or removed by an authorized representative of NB Power. The Customer further understands and agrees that, from time-to-time, NB Power may need access, that is safe and unobstructed, to the Lighting Equipment to ensure safety, reliability, or integrity of the Service and as such, the Customer agrees to grant such access upon reasonable request by NB Power. If safe and unobstructed access to the Lighting Equipment is not provided by the Customer upon NB Power’s reasonable request, the Service can be suspended by NB Power until such access is provided by the Customer. In the event of an emergency, the Customer agrees that NB Power is not required to provide advance notice to or obtain the Customer’s consent to access the Lighting Equipment.
17. Upon termination of this agreement for any reason, including the Customer’s failure to make any payment when due or to honour any other term or condition of this agreement, NB Power may discontinue the Service and remove or disable the Lighting Equipment. Upon termination of this agreement, the Customer will grant NB Power safe and unobstructed access to the Lighting Equipment and allow it to take possession of the Lighting Equipment, but such action by NB Power does not waive NB Power’s rights to any other legal remedy, including collection of any balance due under the agreement, charging a late fee for each month that an outstanding payment is not received, and/or charging interest on unpaid amounts.
18. NB Power shall repair and replace the Lighting Equipment during the Initial Term and any automatic renewal of this agreement so long as:
    1. the Customer uses the Lighting Equipment as intended by the manufacturer in accordance with the operating manual and all applicable laws of the Province of New Brunswick and of Canada; and
    2. the Customer’s account is in good standing.
19. NB Power assumes no risk and is not liable for damages of any nature that may result from use of the Service, including but not limited to malfunction or failure of the Lighting Equipment, lighting levels, or acts of God, accidents, customer negligence or other actions beyond the control of NB Power. NB Power assumes no responsibility and shall not be liable for any injury, loss, or damage to persons or property that may result from or related to the Lighting Equipment or its presence on the Customer’s property or public roadway.
20. The Customer shall assume all risk of and liability for, any and all injury, damage or loss to any person or property or arising from the Service or the use of the Lighting Equipment along with any infringement of privacy rights, including but not limited to intrusion upon seclusion, and arising from any cause whatsoever including negligence.
21. The Customer shall indemnify and hold harmless NB Power, its employees, agents, contractors, and others acting on its behalf, from any and all liabilities, damages, costs, claims, suits or actions arising out of:
    1. any and all injury to person or persons, including death, resulting at any time related to the Service and the Lighting Equipment.
    2. any breach, violation or non-performance of any covenant or provision herein on the part of the Customer;
    3. any damage to property occasioned by the use and operation by the Customer of the Service or Lighting Equipment.

    Such indemnification in respect of any such breach, violation or non-performance, damage to property, injury or death occurring during the term of this agreement shall survive any termination of this agreement.

22. The Customer may not assign or transfer the Service, the Lighting Equipment or this agreement without the prior written consent of NB Power. NB Power may assign or transfer all or any part of this agreement and/or ownership of the Lighting Equipment in its sole discretion.
23. This agreement shall be binding upon the Customer’s heirs, executors, administrators, successors or assigns and the vacating of the premises to which the Lighting Equipment is supplied or the cancellation of the Customer’s electric service with NB Power shall not release the Customer from any obligation incurred in connection with the supply of the Lighting Equipment or the Service. Each of the parties identified as Customers is jointly and severally liable for the obligations of the Customer under this Agreement.
24. The Lighting Equipment remains the property of NB Power and shall not become fixtures or part of the premises where the Lighting Equipment is located. The Lighting Equipment shall not form or be part of any security or be encumbered under any mortgage, charge, lien or other encumbrance of any kind or nature whatsoever of the premises or of anything therein contained, nor shall the Lighting Equipment be liable to be seized for arrears or taxes, or under execution, bankruptcy proceedings or other legal process against the Customer.
25. This agreement shall be governed by the laws of the Province of New Brunswick.

NB Power respects your privacy, and protects personal information obtained in connection with this agreement against unauthorized access, collection, use or disclosure in accordance with the New Brunswick Right to Information and Protection of Privacy Act S.N.B. 2009 c.R-10.6. As such, NB Power will not use your personal information for purposes other than those for which you have provided your prior consent. Personal information provided to NB Power’s contractors or agents is protected in the same manner.