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American Power & Gas LLC 4-800-205-7491
14. Force Majeure. AP&G will make commercially reasonable efforts to provide electricity hereunder but AP&G does not guarantee a continuous supply of
electricity to Customer. Certain causes and events out of the control of AP&G ("Force Majeure Events") may resultin interruptions in service. AP&G will not be
liable for any such interruptions caused by a Force Majeure Event, and AP&G is not and shall not be liable for damages caused by Force Majeure Events. Force
Majeure Events shall include acts of God, fire, flood, storm, terrorism, war, civil disturbance, accidents, strikes, labor disputes or problems, required maintenance
work, inability to access the focal distribution utility system, non-performance by the LDC (including, but not limited to, an electric facility outage), or any other
cause beyond AP&G's control.
18. Liability. The remedy in any claim or legal proceeding by Customer against AP&G will be solely limited to direct actual damages, which will under no
circumstances exceed the amount of Customer's single largest monthly invoice amount in the immediately preceding 12 months of the time period in dispute.
Customer shall not pursue or recover any additional damages or amounts from AP&G, and all other remedies atlawor in equity are hereby waived. In no event
will either AP&G or Customer be liable for consequential, incidental, indirect, special or punitive damages. These limitations apply without regard to the cause
of any liability or damages. Customer & AP&G acknowledge that there are no third-party beneficiaries to this Agreement.
16. AP&G Contact Information. Customer may contact AP&G's Customer Service Center Monday through Friday 9:00 a.m. - 5:00 p.m. EST (contact center
hours subject to change) at 1-800-205-7491, or [email protected] or by writing to AP&G at: American Power & Gas, 10804 Belcher Road South,
Seminole, FL 33777.
17. Dispute Resolution. The services provided by AP&G to Customer are governed by the terms and Conditions of this Agreement and HEFPA for residential
customers. In the event of a billing dispute or a disagreement involving AP&G’s service hereunder, the patties will use their best efforis to resolve the dispute.
Customer should contact AP&G by telephone or in writing as provided above. For consumer complaints that cannot be resolved with the company, you may
contact the New York Department of Public Service (DPS). DPS complaints may be directed as follows: Website: www.dps.ny,gov/complaints; Phone: DPS
Helpline at 1-800-342-3377 (M-F 8:30a - 4:00p); or Mail: Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY
12223 Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if
warranted by the decision of DPS.
18. Confidentiality. Unless disclosure is required by law, neither party will divulge the disclosure or terms of this agreement, The parties shall be entitled to all
remedies avaitable in seeking relief in connection with this confidentiality obligation. This provision will survive the end of this agreement for a period of two
years.
19. Customer Generation: The Rate per kWh for the Term specified within this agreement is conditioned on Customer's warranty that, the Customer does not
own any on-site generation (except for emergency back-up generation used when the LDC is not capable of delivering energy) or thermal storage capabilities.
Customer acknowledges that the use of such on-site generation impacts the customer's historical consumption, current and future usage and that the
implementation of such on-site generation would be a breach of this agreement.
20. Arbitration of Disputes/Waiver of Jury Trial/ and Participation in Class Actions. Except as to matters submitted to DPS as described in Paragraph 14
of this Agreement, any dispute between AP&G and Customer, whether arising or based in any contract, statute, reguiation, or tort, shall be decided by binding
arbitration under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and pursuantto the Federal Arbitration Act ("FAA’), 9 U.S.C.
§ 1 et seq.and shall be venued exclusively in the State of New York and in the County where services are being provided under this Agreement, or where AP&G
and Customer mutually agree. Any claim, arbitration, action, or proceeding shall proceed only on an individual basis. Neither AP&G nor Customer shall be
permitted to join or consolidate disputes involving others in any claim, arbitration, action, or proceeding, nor shall any claim, arbitration, action, or proceeding be
brought or maintained as a class action or in any representative capacity. AP&G AND CUSTOMER UNDERSTAND THAT THEY ARE KNOWINGLY,
VOLUNTARILY, AND WILLINGLY WAIVING THE RIGHT TO A TRIAL BY JURY AND WAIVING THE RIGHT TO PARTICIPATE IN OR BE REPRESENTED
IN ANY CLASS ACTION.
21. Choice of Laws. This Agreement shall be construed under and shall be governed by the laws ofthe State of New York without regard to the application of
its conflicts of law principles,
22, Taxes and Laws. Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature and description due and payable
with respect fo service provided under this Agreement, other than taxes based on AP&G's net income, shall be paid by Customer, and Customer agrees to
indemnify AP&G and hold AP&G harmless from and against any and all such taxes.
23, Emergency Service. The LDC will continue to respond to leaks and emergencies. in the event of a senice interruption or other emergency, Customer
should immediately call the LDC at Con Edison 1-800-75CONED; Orange and Rockland at 1.877.434.4100; KeySpan 718.643.4050 (NYC) and 1.800.490.0045
(Long Island); Niagara Mohawk at 1.800.892.2345; Central Hudson at 1.800.527.2714; RG&E at 1.800.743.1701; NYSEG at 1.800.572.1131, Customer should
then call AP&G at: 1.800.205.7491.
24, Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns,
In the case of telephonic or electronic enrollment, execution shall be deemed provided in accordance with, and pursuant to the methods authorized
under the New York Uniform Business Practices codes.
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