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American Power & Gas LLC 1-800-205-7494
Customer accounts receivable to the LDC. As applicable, the LDC will handle your budget billing service. in the event of failure to remit payment when due by
aresidential customer, AP&G may terminate commodity service and seek suspension of distribution service in conformance with the Home Energy Fair Practices
Act ("HEFPA’). Failure by a commercial customer to make full payment of AP&G charges due on any consolidated bill prepared by the LDC for AP&G will be
grounds for disconnection of utility services in accordance with NYPSC rules and regulations on the termination of service to non-residential customers, 16
NYCRR Section 13.3, :
3.1 50% Renewable Energy Product. Eleciric customers are guaranteed that 50% of your electricity usage is matched by the generation of energy
from
renewable resources by retiring renewable energy certificates (RECs). RECs represent the environmental attibutes associated with the applicable amount of
Tenewable energy generation from various renewable sources that comply with the appropriate locational and delivery requirements. RECs will be purchased
and retired to satisfy the percentage of renewable generation guaranteed by this agreement, The renewable mix provided under this agreement must be at least
50% greater than the applicable Renewable Energy Standard (RES) obligation for the current year. In order to satisfy the terms of this contract, RECs must be
purchased from eligible renewable generators through NYGATS or by purchasing Tier 1 RECs from NYSERDA or by procuring RECs from eligible renewable
generators through bilateral contracts or by entering into bundled energy and REC purchase agreements with eligible renewable generators.
4, Credit/Security Deposit. The customer acknowledges that AP&G has the right to administer a credit review prior to providing the service(s) listed within this
agreement. The result of the check may determine that a security deposit or other credit assurances is required. The amount determined due by AP&G shall be
paid within ten {10) days of the date the request is made. If you fail to make such a deposit within this timeframe, you will not be enrolled for service with AP&G.
5, Load Changes. This section is not applicable to residential mass market customers. The customer will give AP&G a minimum of 30-day notice of any
significant load change in its usage, including, but not limited to the sale or closure of a site. AP&G will use the load information from your utility company to
purchase power for you, the customer, and as the customer, you are responsible for payment of any actual damages incurred as a result of such changes. If
the Customer has a change in usage over 15%, the customer will pay for the increase in Load at AP&G's full cost of providing that usage, plus margin. If the
Customer has a change in usage below 15%, the customer will pay the full cost of liquidating that load. AP&G will calculate the amount of such costs in a
reasonable manner and submit an invoice to the customer which will be due and payable (within thirty (30) days), AP&G reserves the right to cancel any account
that falls 15% above or below the usage established at the start of this agreement,
6. Termination. if the customer cancels/terminates this agreement for any reason, there are no early termination fees (ETF). In the event the customer is
deceased before the end of the contract term, no fee for termination or early cancellation will be assessed.
7, Regulatory Changes/Rate Changes. This Agreement is subject to present and future legisiation, orders, rues, regulations or decisions of a duly constituted
governmental authority having jurisdiction over this Agreement or the services to be provided hereunder. if at some future date there is a change in any law,
rule, regulation, tariff, or regulatory structure ("Regulatory Change’) which impacts any term, condition or provision of this Agreement including, but not limited
to your rate, AP&G shall have the right to modify this Agreement upon affirmative consent to reflect such Regulatory Change by providing 30 days’ written notice
of such modification to the Customer.
8. Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of AP&G, AP&G
may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement or receivables purchase program,
and may assign this Agreement to another energy supplier, energy services company or other entity as authorized by the DPS (Department of Public Service).
9. information Release Authorization. Customer aitthorizes AP&G to obtain and review the following information from the LDC: consumption history; billing
determinants; account number, credit information; public assistance status: existence of medical emergencies, status as to whether Customer has a medical
emergency, is human needs, elderly, blind or disabled and data applicable to cold weather periods under PSL. § 32 (3); and information pertaining to PSL § 33,
tax status and eligibility for economic development or other incentives. This information may be used by AP&G to determine whether it will commence and/or
continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law. Customer's execution of this Agreement
shail constitute authorization for the release of this information to AP&G. This authorization will remain in effect during the Iniial Term and any Renewal Term.
Customer may rescind this authorization at any time by providing written notice thereof to AP&G or by calling AP&G at 1.800.205.7491. AP&G reserves the right
fo cancel this Agreement in the event Customer rescinds the authorization.
10. Consumer Protections Regarding Termination of Services. The services provided by (ESCO) to Customer are governed by the terms and conditions
of this Agreement and the New York State Public Service Commission rules and regulations (Orders) including the Uniform Business Practices (UBP) and
HEFPA for residential customers. AP&G will provide at Jeast 15 days’ notice prior to the cancellation of service to Customer. in the event of non-payment of any
charges owed to AP&G, a residential Customer may be subject to termination of commodity service and the suspension of distribution service under procedures
approved by the DPS. Customer may obtain additional information by contacting AP&G at 1-800-205-7491 or the DPS at 1-800-342-3377, or by writing to the
DPS at: New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223, or through its website
at: http/Awww.dps.ny.gov. You may also contact the Department ESCO hotline for inquiries regarding the competitive retall energy market at 1-888-697-7728.
11. Rescission. A residential or commercial Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement,
whichever comes first, by contacting AP&G at 1-800-205-7491 or in writing. Customer is liable for all AP&G charges until Customer returns to the LDC or goes
to another supplier.
12. Agency: Customer hereby designates AP&G as agent to; (a) arrange and administer contracts and service agreements between Customer and AP&G and
those entities including the New York Independent System Operator ("NYISO") engaged in the generation, transmission and delivery of Customer electricity
supplies; and (b) nominate and schedule with the appropriate entities including the LDC for the delivery of electricity to the Sales Point and the Customer's end-
use premises. AP&G as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the Customer's requirements as
established by the LDC and in response to information provided by the LDC. The Sales Points for the eleciricity will be a point at the NYISO AP&G load bus
(located outside of the municipality where Customer resides). These services are provided on an arm's length basis and market-based compensation is included
in the price noted above. The foregoing is not intended to and in no way shall operate to create any fiduciary duties between AP&G and Customer, nor shall the
foregoing operate to create any Principal-Agent relationship between AP&G and Customer for any other purposes.
13, Warranty. This Agreement, including any enrollment forms and applicable attachments, as written, makes up the entire Agreement between Customer and
AP&G. AP&G makes no representations or warranties other than those expressly set forth in this Agreement, and AP&G expressly disclaims all other warranties,
express or implied, including merchantability and fitness for a particular use,
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