Ohio

Agreement to Sell and Buy Energy: This is an agreement between Energy Plus Holdings LLC (“EPH”) and you, the customer (“you” or “Customer”) for the sale and purchase of electricity and/or between Energy Plus Natural Gas LLC (“EPNG”) and you for the sale and purchase of natural gas (“Agreement”).  EPH and EPNG may be collectively or individually referred to as “Energy Plus^®” or “EP”. Generally, the words “you” and “your” refer to the Customer and “we” and “us” refer to EP, unless clearly stated otherwise. EPH agrees to sell and you agree to purchase all of your electricity requirements for the account(s) listed in your Welcome Confirmation (your welcome letter or email). EPNG agrees to sell and you agree to purchase all of your natural gas requirements for the account(s) listed in your Welcome Confirmation (your welcome letter or email). You agree to appoint EP as your agent to acquire the necessary supplies to meet your electricity and/or natural gas needs as required by your local distribution utility ("LDU"). This Agreement is for electric service and/or natural gas supply service only. Your LDU, and not EP, will continue to be solely responsible for the delivery of electricity and/or natural gas to your locations through its transmission and distribution facilities.

Rate:
For Electricity - You will receive a promotional supply rate for your first three (3) billing cycles. The promotional supply rate for electricity is stated in your Welcome Confirmation and will remain at that rate for all three (3) billing cycles. This promotional supply rate is only valid for customers who are not currently, and have not previously been, enrolled in service with EP. After the first three (3) billing cycles, this promotional supply rate will expire. Thereafter, you will be charged a variable supply rate that is subject to change each billing cycle based on many different factors, including our cost to purchase electricity, capacity, congestion, settlement, ancillaries, related transmission and distribution charges and other market-related factors; plus all applicable taxes, fees, charges, costs, expenses and margins. The promotional and variable supply rates may be higher than your LDU’s supply rate. EP does not guarantee any savings over the LDU’s rates for the entire term of this Agreement. The promotional supply rate and the variable supply rate do not include LDU charges, including, but not limited to, LDU delivery and distribution charges, which are separate amounts that you must pay your LDU. If you selected the Energy Plus Green Option, your rate includes an additional charge of approximately $0.01 per kWh for the purchasing of Renewable Energy Certificates. The incremental rate for the Green Option may change. Current and historical rates should not be taken as a guarantee of future rates.

For Natural Gas - You will receive a promotional supply rate for your first three (3) billing cycles. The promotional supply rate for natural gas may change each billing cycle during this period; however, it will be at least 5% lower than your LDU’s currently in effect natural gas price to compare. The price to compare for Duke Energy Ohio is the Gas Cost Recovery rate (GCR), for Dominion East Ohio it is the Standard Service Offer and for Columbia Gas of Ohio, it is an estimated price to compare, based on a good faith forecast of the NYMEX price at the end of the month plus an administrative adder determined by Columbia Gas of Ohio. The promotional supply rate is valid only for customers who are not currently, and have not previously been, enrolled in service with EP. After the first three (3) billing cycles, this promotional supply rate will expire. Thereafter, you will be charged a variable supply rate that is subject to change each billing cycle based on many different factors, including our cost to purchase natural gas, capacity, storage, nominating, balancing, transportation to the delivery point, agency services; plus all applicable taxes, fees, charges, costs, expenses, and margins. The promotional and variable supply rates may be higher than your LDU’s supply rate. EP does not guarantee any savings over the LDU’s rates for the entire term of this Agreement. The promotional supply rate and the variable supply rate do not include LDU charges, which are separate amounts that you must pay your LDU. 

Right to Rescind: You will receive a written confirmation notice from your LDU confirming your decision to enroll with EP. You have the right to rescind your enrollment with EP, without penalty, within seven (7) business days of the postmark on your LDU’s confirmation notice (“Rescission Period”). To rescind your enrollment during the Rescission Period, you may contact your LDU orally (see LDU Contact Information below), electronically or in writing, as available. This Agreement is not binding until the Rescission Period has expired and you have not rescinded your enrollment. Any cancellation after the Rescission Period shall be subject to the Term and Cancellation provisions outlined below. 
 
Term and Renewal: This Agreement shall be binding as of the date that your enrollment is accepted by EP, which shall not be before the expiration of your Rescission Period as required by the Public Utilities Commission of Ohio (“PUCO”) (“Enrollment Acceptance”). The initial term of this Agreement is estimated at one month and shall cover the period from Enrollment Acceptance through your first billing cycle with EP as your electricity and/or natural gas supplier (“Initial Term”). EP intends to send your enrollment to your LDU within three (3) business days following your enrollment with EP; however, enrollment requests may be held by EP for the purpose of resolving questions related to enrollment data or as needed for EP to complete set up with processing vendors and your LDU. Upon completion of the Initial Term, this Agreement shall automatically renew on a month-to-month basis under the same terms (“Renewal Term”), unless EP sends you thirty (30) days’ advance written notice and apprises you of any proposed changes in terms and conditions of this Agreement. EP will begin supplying your electricity and/or natural gas on the date(s) that the LDU deems the switch to EP effective. 
 
Cancellation: You may cancel this Agreement at any time without paying a cancellation fee.  Cancellation is effective on the next meter read date that occurs after your LDU has switched your account from EP.  You must provide EP at least 30 days advance notice before the next regularly scheduled meter read in order for the cancellation to be effective as of that reading.  If you cancel this Agreement prior to the end of your second billing cycle you may forfeit some of the rewards described in your Welcome Confirmation. EP may cancel this Agreement at any time, in whole or with respect to any particular account(s) covered by the Agreement, for any reason, by providing you with thirty (30) days’ advance written notice. Any or all of your account(s) that are cancelled shall be returned to your LDU unless you enter into an agreement with another electricity and/or natural gas supplier for energy supply services. It may take up to two (2) billing cycles for your account(s) to be returned to your LDU or switched to another supplier. Switching fees may apply under your LDU’s tariff. EP will not separately charge a switching fee. You agree to pay all of the charges for electricity and/or natural gas supplied by EP until the date your LDU or other supplier begins supplying electricity and/or natural gas to your account(s). If you voluntarily return to LDU supply service, you may or may not be served under the same rates, terms and conditions that apply to other customers served by your LDU. If you are moving, please contact EP as well as your LDU to ensure a smooth transition of your service. You have the right to cancel this Agreement without penalty if you relocate outside your current LDU’s service territory or you relocate within your current LDU’s service territory and your current LDU does not allow portability of the contract. In addition, this Agreement will automatically be cancelled, without penalty, if: (i) the requested service location is not served by the LDU; (ii) you move outside the LDU service area or to an area not serviced by EP; or (iii) EP returns you to your LDU subject to the provisions herein.
 
Customer Information Release Authorization: By entering into this Agreement, you agree that your LDU may release to EP certain information that we need to provide service to you, including your address, telephone number, account number(s), consumption history, payment history, billing determinants and peak electricity and natural gas demand and that EP may share information about your account with any designated rewards partner to the extent necessary to administer the rewards program consistent with the privacy policy of EP. We reserve the right to share information with our affiliates, to the extent permitted by law, but we will not distribute or sell your personal information, such as account number(s) and/or social security number, to any unaffiliated party without your affirmative written consent unless we are required to do so by law or it is necessary to enforce the terms of this Agreement or allow you to receive the rewards described in the Welcome Confirmation.
 
Billing: You will receive one consolidated bill from your LDU each billing cycle for the electric and/or natural gas service provided by EP, which will also include the delivery and other LDU-related charges provided by your LDU, plus all applicable taxes. You agree to remit payment for all of these services directly to your LDU in accordance with the payment terms stated in your LDU’s tariff.Past-due charges may incur late fees as set forth in your LDU’s tariff. Failure to make full payment may be grounds for disconnection from your LDU, pursuant to its tariffed policies and practices. EP does not offer budget billing. Your LDU may offer you budget billing or other payment plans. You have the right to request from EP up to twenty four (24) months of payment history without charge. Customer agrees to timely review its invoice and agrees that subject to applicable tariff and law, unless notice is given to EP within ninety (90) days of the invoice date, all invoiced amounts shall be deemed to be correct and Customer shall waive any right to dispute amounts set forth on such invoice.
 
Title and Taxes:
For Electricity – Title to, control of, and risk of loss of the electricity sold under this Agreement will pass from EPH to Customer when it is delivered to Customer’s LDU. Each party will indemnify and hold the other party harmless from any and all claims (including claims for personal injury, death, or property damage), losses, fees, taxes, damages, suits, causes of action and judgments of any kind arising hereunder while title and risk of loss are vested in the indemnifying party. You will be responsible for the payment of all transfer, sales or other taxes related to EP's service under this Agreement. If you are exempt from any such taxes, you are responsible for identifying and requesting such exemption from the collection of taxes by providing EP and/or your LDU any tax exemption certificate(s), as filed with the Ohio Department of Taxation.
 
For Natural Gas – “Delivery Point” means any existing and future points of interconnection between the LDU and pipelines transporting natural gas to the LDU. Customer and EP agree that title to, control of, and risk of loss of the natural gas supplied by EP under this agreement, will transfer from EP to Customer at the Delivery Point. Each party will indemnify and hold the other party harmless from any and all claims (including claims for personal injury, death, or property damage), losses, fees, taxes, damages, suits, causes of action and judgments of any kind arising hereunder while title and risk of loss are vested in the indemnifying party. You will be responsible for the payment of all transfer, sales or other taxes related to EP's service under this Agreement. If you are exempt from any such taxes, you are responsible for identifying and requesting such exemption from the collection of taxes by providing EP and/or your LDU any tax exemption certificate(s), as filed with the Ohio Department of Taxation

Environmental Disclosure: Environmental disclosure information is provided at our website and is incorporated by reference into this contract. The specific web address is: www.energypluscompany.com/ohenvironment. You agree that EP may make its required annual projection and quarterly comparisons of actual to projected data electronically at its website. We will also provide the information via mail upon request.
 
Limitation of Liability: EP’s aggregate liability arising out of or related to this Agreement shall not exceed the amount of your largest monthly invoice for electricity and/or natural gas service during the twelve (12) months immediately preceding cancellation of this Agreement. The Parties agree to the extent permitted by law that the statute of limitations with respect to all claims arising out of or related to this Agreement shall be reduced to the lesser of (x) two years from the event giving rise to the claim or (y) the minimum period permitted by law and any action not brought within such time period shall be barred without regard to any other limitations period.  TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WHEN A REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY HEREIN PROVIDED, EP’S LIABILITY SHALL BE LIMITED TO ONLY THE DIRECT ACTUAL DAMAGES AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE.  IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.  TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS.
 
Binding Effects; Assignment: This Agreement shall extend to and be binding upon EP’s respective permitted successors and permitted assigns. Customer may not assign this Agreement without EP’s prior written consent and any attempted assignment shall be void. EP may sell, transfer, pledge, encumber or assign the accounts receivable and revenues derived from this Agreement (or any proceeds thereof) in connection with any financing agreement, purchase of receivables program or other billing services arrangement. In addition, EP may assign the rights and obligations hereunder consistent with applicable law.
 
Dispute Resolution: If you have questions about your bill or service, you may contact EP (see EP Contact Information below). If you are not satisfied with the response from EP’s Customer Care representative, you may ask that your questions be referred to an EP supervisor, who will respond promptly.
 
For Electricity – If your complaint is not resolved after you have called your electric supplier and/or your electric utility, or for general utility information, residential and business customers may contact the PUCO for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov.
For Natural Gas – If your complaint is not resolved after you have called EP, or for general utility information, residential and business customers may contact the PUCO for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).
 
The Ohio consumers’ counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http: //www.pickocc.org.
 
Other Provisions: This Agreement and the Welcome Confirmation are, together, the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior agreements, either written or oral. Nothing in this Agreement shall create or be construed as creating any express or implied rights in any person or entity other than you and EP. This Agreement is subject to all valid and applicable legislation and to all present and future orders, rules and regulations of authorities having jurisdiction over the subject matter hereof. You acknowledge that this Agreement is a forward contract within the meaning of the United States Bankruptcy Code and that EP is a forward contract merchant. This Agreement is made and shall be construed in accordance with the laws of the State of Ohio. There are no third party beneficiaries to the Agreement.
 
Force Majeure: EP will use commercially reasonable efforts to provide the electricity and/or natural gas service contemplated herein, but EP does not guarantee a continuous supply of electricity and/or natural gas. Certain Force Majeure events outside of EP’s control may cause interruptions in service. If a Force Majeure event prevents EP from performing its obligations in whole or in part, its performance shall be excused for the duration of such event, and EP will not be liable for damages associated with any delay or failure to perform as a result thereof. "Force Majeure" shall include, without limitation, acts outside of EP’s control, sabotage, riots or civil disturbances, acts of God, acts of the public enemy, acts of vandalism, terrorist acts, natural disasters, explosions, fires, or similarly cataclysmic occurrence, failure, shortage or unavailability of generating units or transmission facilities, nonperformance by the LDU, or any change in law or any other action by a governmental authority that materially impairs EP’s ability to perform its obligations under this Agreement. EP will give you reasonably prompt and detailed notice of any Force Majeure occurrence.
 
Severability: Each provision of this Agreement is made subject to the maximum extent permitted by law and if any of the provisions, or portions or applications hereof are held to be unenforceable or invalid by any court of competent jurisdiction, EP and Customer shall negotiate an equitable adjustment to or amendment of the affected provisions with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, or portions or applications hereof or thereof, shall not be affected thereby.
 
Application of the UCC: THE PARTIES AGREE THAT TO THE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE SHALL APPLY TO ENERGY SOLD HEREUNDER AND IF ANY TOPIC OR MATTER ADDRESSED HEREIN IS ALSO ADDRESSED IN SUCH ARTICLE 2, THEN THIS AGREEMENT SHALL CONTROL AS TO SUCH TOPIC OR MATTER. CUSTOMER HEREBY WAIVES ANY RIGHTS IT MAY HAVE PURSUANT TO SECTION 2-609 OF THE UCC, OR ANY OTHER SIMILAR DOCTRINE UNDER LAW OR STATUTE WHEREBY CUSTOMER MAY DEMAND ADEQUATE ASSURANCE OF PERFORMANCE FROM EP.
 
Warranty: EP MAKES NO REPRESENTATIONS OR WARRANTIES AND EP EXPRESSLY DISCLAIMS AND NEGATES ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUTURE SAVINGS.
 
Amendments: If, at any time after receipt of your Welcome Confirmation, EP changes the material terms of this Agreement, you will be notified of such changes and you will be provided a copy of or website link to access the updated terms. Such updated Agreement will become effective thirty (30) days after the date such notification is sent with respect to all periods after the date you are notified of such updated Agreement, and Customer’s continued receipt of service from EP after such change shall be deemed to be an acknowledgement of such updated Agreement. 
 
Cancellation of Existing Service: You are responsible for canceling any agreements with other electricity and/or natural gas suppliers from whom you are purchasing electricity and/or natural gas supply service as of the date of this Agreement.

ENERGY PLUS^® CONTACT INFORMATION:

Internet Address: www.energypluscompany.com	Email Address: OHSupport@energypluscompany.com
Mailing Address: P.O. Box 38815 Philadelphia, PA 19104-9728	Customer Service Department: Toll-free: 1-866-698-0912 Available Monday through Friday 9:00 a.m. to 5:30 p.m. ET (subject to change)

LDU CONTACT INFORMATION:
In the event of a power outage, gas leak or any other service-related emergency, please contact your LDU using the Emergency phone number below. To rescind your enrollment during the Rescission Period, please contact your LDU using the Customer Service phone number below.

	Emergency	Customer Service
Dominion East Ohio	1-877-542-2630	1-800-362-7557
Columbia Gas of Ohio	1-800-282-0157	1-800-344-4077
Duke Energy Ohio	Electricity 1-800-543-5599 Natural Gas 1-800-634-4300	1-800-544-6900

v.GE06-20130501

 

Label Date: 12/21/11 Your Energy Plus Holdings LLC Electric Generation Disclosure Label PO Box 38815, Philadelphia, PA 19104 1-888-766-3509    www.energypluscompany.com See Other Side

What is this label about? It's about helping you compare the benefits of generation service offers of Energy Plus Holdings LLC to those of other competitive electric suppliers and to CL&P or UI. To our customers: Electric generation service in Connecticut can be provided to you by licensed Suppliers, CL&P, or UI. This is a choice you can make. This Energy Plus Holdings LLC disclosure label can be used to compare prices and other items (such as generation power sources and renewable sources) to those that other Suppliers, CL&P or UI may offer you.

Important considerations in making your comparisons and choice: Ask the Supplier, CL&P or UI if its offer is all-inclusive or not all-inclusive, so you can make the right comparison and choice. Suppliers, CL&P and UI in Connecticut are required to disclose this information to you in their labels. An all-inclusive offer includes all charges and fees related to the generation portion of your electric bill included in the price of the Generation Service Charge (GSC). A not all-inclusive offer does not; thus, there are other charges and/or fees that you would be assessed in addition to the GSC. Check any contract or agreement you are considering from a Supplier for specifics on price, such as whether pricing is fixed or variable, the term/length of contract, and any other charges, enrollment fees, deposits or requirements for which you are responsible. Other questions you can ask a potential supplier: Is the Supplier licensed by the CT DPUC? Ask the Supplier to estimate your electric generation costs relative to CL&P's/UI's and explain other possible benefits of switching your service. The average residential customer in CT uses 700 kWh per month. This would be a good comparison starting point. Some examples of the possible benefits are cost savings, budget certainty, risk management, product offerings and renewable energy. How does the Supplier's all-inclusive price compare with the current CL&P or UI GSC charge? Will the Supplier's price change when the CL&P or UI GSC price changes or is it fixed for the term of the contract/agreement? If I switch to a Supplier, will my GSC charge still be on the CL&P/UI bill or will I receive a separate bill from the supplier? If a Supplier issues a separate bill to me, will there be a late payment fee and, if so, what is the annual percentage charge? Does the Supplier offer a choice of energy sources, such as renewable energy? What is the Supplier's contact information if I have questions? Contact information should include the Supplier's phone number, customer service hours, mailing address and contact name.

The term of your service is month-to-month upon enrollment and is effective until cancelled by either party. Your all-inclusive rate is variable per kWh and is stated under "Rate" on your Welcome Confirmation. For Pricing Information - See "Term" and "Rate" sections in your contract.

Reminder: Your monthly electric bill also has a section for delivery service. This service is for the poles, wires, transformers and all of the other services to deliver electricity to your home or business. Delivery service charges do NOT include what you pay for your electric Generation Service in the GSC charge. You pay delivery service charges whether you buy your electricity from CL&P, UI or any other supplier.

Label Date: 12/21/2011 Your Electric Generation Disclosure Label from Energy Plus Holdings LLC See Other Side

Generation Power Sources Information New England Power Pool System Mix Coal 11.86% Natural Gas 38.59% Oil (includes diesel and jet) 7.08% Nuclear 30.24% Combined Qualified Renewable Resources 5.00% Other, Misc. 7.23% Total 100% System Mix source: NEPOOL GIS Reports (Q1-2010 through Q-4-2010).  Power Sources reflect the system mix, with the CT Class I & Class II renewable sources itemized separately in the chart. CT Renewable Portfolio Standards Energy Plus Holdings LLC Compliance   Class I Class II Class III Total Required 2008 N/A N/A N/A N/A Required 2009 6.0% 3.0% 3.00% 12.0% Required 2010 7.0% 3.0% 4.00% 14.0% Required 2011 8.0% 3.0% 4.00% 15.0% Required 2012 9.0% 3.0% 4.00% 16.0%

About Power Sources Your electricity is transmitted across the New England electric system, which receives electricity from power plants throughout the region to meet the requirements of all customers in New England. The "New England Power Pool System Mix" represents the percentage of power supply from each power source in the regional system. Suppliers are responsible for generating and/or purchasing electricity that is added to the electric system in an amount equal to your electricity use. To promote the development of renewable/clean sources, Connecticut, through legislation called the Renewable Portfolio Standard (RPS), requires all Suppliers to acquire specific percentages of energy from renewable resources. CT RPS sources are defined as Class I, Class II and Class III. Class I renewable sources include solar power, fuel cells, methane gas from landfills, ocean thermal power, sustainable biomass, wave or tidal power, low emission advanced renewable energy conversion technologies, and certain run-of-river hydropower. Class II renewable sources include trash-to-energy, certain biomass facilities, and certain run-of-river hydropower facilities. Electricity generation from renewables has lower emissions and less of an impact on the environment than that produced from conventional fossil fuels. As an alternative to providing the RPS requirements a Supplier may pay an alternative compliance payment. Class III sources include CT commercial & industrial facilities using combined heat and power systems with at least 50% operating efficiency, a waste heat recovery system or electricity savings from energy efficiency measures.

Additional Information:
This label provides information on the New England regional electric system power sources and the air emissions related to electricity generation. For additional information on Supplier prices, power sources and air emissions, visit the CT PURA's Electric Supplier Info Database, www.dpuc.state.ct.us/el_aggre.nsf

In the case of an emergency or power outage, please contact your utility. UI customers call: 1-800-7CALLUI (722-5584); and CL&P customers call 1-800-286-2000.

The Connecticut Public Utilities Regulatory Authority (PURA), Ten Franklin Square, New Britain, CT 06051 Toll-free 1-800-382-4586         www.ct.gov/dpuc
Suppliers are required to post their Disclosure Label(s), and updated versions as they occur, to the Electric Supplier Info Database on the PURA's website.	PURA Disclosure Label-Supplier-template-08-2011