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ENERGY PLUS®
ELECTRICITY AND NATURAL GAS SALES AGREEMENT

Rate Promotional supply rate for first three (3) billing cycles followed by variable supply rate. Rate varies by location, billing cycle and other factors; see Pricing and Billing sections in Agreement below. Call 1-877-320-0356 for a customized estimate. Enrolled Customers' monthly effective rate will be listed under the commodity supply section of each customer invoice.
Rate Type and Calculation Method Promotional supply rate for first three (3) billing cycles followed by variable supply rate.
For Electricity – The promotional supply rate 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.
For Natural Gas – The promotional supply rate may change each billing cycle during the promotional period; however, it will be at least 5% lower than your utility’s natural gas supply rate effective the first day of each month based on specific comparative utility service classifications (see Pricing section in Agreement below). 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 natural gas, capacity, storage, nominating, balancing, transportation to the Delivery Point, and agency services; plus all applicable taxes, fees, charges, costs, expenses, and margins.
These variable electricity and natural gas supply rates may be higher than your local utility’s supply rate. EP does not guarantee any savings over the local utility’s supply rates for the entire term of this Agreement.
Agreement Term The term of this Agreement shall commence on the date as deemed effective by the utility company after the utility company accepts Customer’s enrollment, and shall continue through the first billing cycle, subject to the Agreement Renewal Provisions below.
Process for Canceling without Penalty Customer may rescind within three (3) business days of receipt of the Agreement by calling 1-877-320-0356. Thereafter, Customer must provide thirty (30) days’ advance notice in order to cancel service. There are no penalties for cancellation. See Term, Renewal and Cancellation section below.
Cancellation Fee and Calculation Method None.
EP does not charge sign-up or cancellation fees for variable supply rate agreements.
Late Payment Fee and Calculation Method None.
Please note: all payments must be submitted directly to your utility company. Consult your utility company regarding any applicable late payment fees it may assess.
Agreement Renewal Provisions The Agreement shall automatically renew on a month-to-month basis after the Initial Term, calculated from the initial service start date, unless Customer provides at least thirty (30) days’ advance notice to EP of nonrenewal before the end of the Initial Term or Renewal Term. If renewed automatically, the Agreement will renew at the same terms and conditions unless advance notice is provided by EP at least thirty (30) days and no more than sixty (60) days prior to the end of the Renewal Term.
Benefits and Savings Provisions Customer's account must remain active and in good standing to receive any applicable bonus and ongoing rewards. Customer must also complete two (2) active billing cycles in order to receive any applicable enrollment bonus reward. See Rewards Program Disclosures.

Agreement to Sell and Purchase 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"). Subject to the terms and conditions of this Agreement, EPH agrees to sell and supply, and Customer agrees to purchase and accept, the quantity of electricity necessary to meet Customer's requirements based upon information obtained by EPH from Customer’s utility company. Subject to the terms and conditions of this Agreement, EPNG agrees to sell and supply, and Customer agrees to purchase and accept, the quantity of natural gas necessary to meet Customer's requirements based upon information obtained by EPNG from Customer’s utility company. Customer’s utility company, and not EPH or EPNG, will continue to be solely responsible for the delivery of electricity and/or natural gas supplied by EPH or EPNG, as applicable ("Purchase Quantity"). Customer's utility company will also be available to respond to power outages, leaks or other emergencies should they occur. EPH and EPNG may be collectively 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. This Agreement may also be referred to as the “Terms of Service”.

Term, Renewal and Cancellation.
This Agreement shall commence on the date(s) as deemed effective by the utility company for electricity and/or natural gas service after the utility company accepts enrollment, and shall continue through the first billing cycle (the "Initial Term"). Upon completion of the Initial Term, this Agreement will automatically renew on a month-to-month basis at the same terms, calculated from the initial service start date ("Renewal Term"), unless Customer provides thirty (30) days’ advance notice prior to the end of the Initial Term or the Renewal Term, as the case may be. The automatic renewal of this Agreement will be at the same terms and conditions unless either EPH or EPNG sends Customer written notice of proposed changes to such terms and conditions before the end of the applicable Renewal Term. Such written notice will be sent at least thirty (30) days and no more than sixty (60) days prior to the end of the applicable Renewal Term, and shall advise Customer of any proposed changes to the terms and conditions of this Agreement and of the Customer's right to renew, cancel or renegotiate this Agreement in response to such notice. When receiving service on a month-to-month basis, Customer may cancel electricity and/or natural gas service under this Agreement without penalty if Customer provides EPH or EPNG, as applicable, thirty (30) days’ advance notice of cancellation by calling EP at 1-877-320-0356 or writing to EP (see EP Contact Information below). Customer may also contact the local utility company to cancel this Agreement. If your local utility company terminates your service, this Agreement will be automatically cancelled. EP reserves the right to cancel this Agreement, in whole or with respect to any particular account(s) covered by this Agreement, for any reason, with thirty (30) days’ advance written notice to you. If EP cancels this Agreement, you must still pay all EP charges through the date you are switched to another supplier or returned to an electric or natural gas utility for service.  Your cancellation will not be effective until the next regularly scheduled meter read following the date on which EP gives notice to the appropriate electric or natural gas utility of your cancellation request. The terms and conditions of this Agreement (as may be amended from time to time) shall remain in full force and effect so long as Customer continues to receive either electricity supply service from EPH or natural gas supply service from EPNG.

Pricing.  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 local utility company’s supply rate. EP does not guarantee any savings over the local utility’s supply rates for the entire term of this Agreement. The promotional supply rate and the variable supply rate do not include local utility company charges, including, but not limited to, local utility delivery and distribution charges, which are separate amounts that you must pay your local utility company. If you selected the Energy Plus Green Option, you will be charged 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 utility’s natural gas supply rate effective the first day of each month based on the following comparative utility service classifications: Consolidated Edison SC 3 Non-Air Conditioning for Residential and SC 2H Non-Air Conditioning for Commercial, including Gas Cost Factor, Merchant Function Charge ("MCF") All Usage Except AC Therms, and Gross Receipts Tax, differentiated by NY City and Westchester; National Fuel Gas SC 1 and SC 2 for Residential and SC 3 for Commercial, including Total Monthly Gas Supply Charge, MCF, and Tax Surcharge; National Grid (Keyspan NY) SC 1B for Residential and SC 2-2 for Commercial, including Total Unitized Cost of Gas and Revenue Tax Surcharges; National Grid (Niagara Mohawk) SC 1 for Residential and SC 2 for Commercial, including Total Effective Monthly Cost of Gas, MCF, and Revenue Tax Surcharges; NYSEG SC 1 for Residential and SC 2 for Commercial, including Gas Supply Charge and MCF, differentiated by Gas Supply Area, plus Tax Surcharge Factor; Orange & Rockland SC 1 for Residential and SC 2 for Commercial O&R GAS Price to Compare with Tax. 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 local utility company’s supply rate. EP does not guarantee any savings over the local utility’s supply rates for the entire term of this Agreement. The promotional supply rate and the variable supply rate do not include local utility company charges, which are separate amounts that you must pay your local utility company. 

Billing. Customer will be billed and will pay EPH for electricity and EPNG for natural gas, respectively, based on Customer’s consumption information that EPH or EPNG, as applicable, receives from Customer’s utility company ("Billing Quantity"). EPH or EPNG, as applicable, will have the option, on notice to Customer, to adjust the Billing Quantity for fuel and line loss retained by Customer’s utility and interstate transporters from the Purchase Quantity. Customer’s utility company will invoice Customer monthly for electricity and/or natural gas supply service under this Agreement, as measured by the utility company, and Customer will pay each invoice in full within twenty (20) days of the invoice date. Customer will receive a single bill for both the electricity and/or natural gas supply and the delivery charges imposed by the utility company in transporting such supplies to Customer ("Consolidated Bill"). 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.

Amendments.
If at some future date there is a change in the market, costs of electricity and/or natural gas or any governmental policy, rule, regulation, or statute whereby EPH or EPNG is prevented, prohibited or frustrated from carrying out the terms of the Agreement, at their sole discretion, EPH or EPNG, as applicable, shall have the right to amend this Agreement and send Customer written notice of such proposed amendments. Any such written notice will be sent at least thirty (30) days prior to the effective date of such change, and shall advise Customer of the proposed changes in the terms and conditions of this Agreement and of the Customer's right to renew, cancel or renegotiate this Agreement in response to such notice.

Refund Policy.
As the commodity(ies) supplied under this Agreement is(are) immediately used and consumed by Customer upon delivery, it is not practical to return the product subject to this Agreement, and therefore refunds with respect to the commodity are not provided.

For Residential Customers only.
Customer payments remitted in response to a Consolidated Bill shall be pro-rated (when so required) between EP and utility company charges in accordance with procedures adopted by the New York Public Service Commission ("NYPSC") and applicable law, rules, regulations, and orders ("Applicable Law"). In the event of failure to remit payment when due, EP may cancel commodity supply service and seek suspension of distribution service in conformance with the Home Energy Fair Practices Act ("HEFPA").

For Non-Residential Customers only.
If there is a material adverse change in the business or financial condition of Customer (as determined by EP in its discretion) or if Customer fails to post any required security deposit, then, in addition to any other remedies that it may have, EP may cancel this Agreement upon fifteen (15) days' written notice to Customer. Failure to make full payment of EP charges due on any invoice will be grounds for disconnection of utility services and commodity supply services in accordance with Applicable Law. Customer payments remitted in response to a consolidated bill shall be pro-rated (when so required) between EP and utility company charges in accordance with Applicable Law and procedures adopted by the NYPSC.

No Reliance:
You represent and warrant to EP that, under this Agreement, you (i) are acting as principal hereunder (and not as agent for any other party or in any other capacity), (ii) are not relying on any advice, statements, recommendations or representations (whether written or oral) of EP other than the written representations expressly set forth in this Agreement, (iii) consulted with your own advisors to the extent that you have deemed necessary and have made your own decisions based on your own judgment and advice from your own advisors as you have deemed necessary, (iv) have a full understanding of all of the risks of entering into this Agreement and are capable of assuming and willing to assume those risks (whether financial, economic or otherwise), (v) have the capacity to evaluate (either internally or through independent professional advice) this Agreement and (vi) have made your own decision to enter into this Agreement.

Assignment.
Customer may not assign its interests in or delegate its obligations under this Agreement without the express written consent of EPH or EPNG, as applicable and any attempted assignment shall be void. Either EPH or EPNG may sell, transfer, pledge, or assign the accounts receivable, revenues, or proceeds hereof, in connection with any financing agreement, purchase of accounts receivables program or billing services agreement, and may assign this Agreement and the rights and obligations hereunder, in whole or in part, to another energy supplier, energy service company, any third party, or any affiliate or subsidiary of EPH or EPNG ("Assignment") in accordance with Applicable Law governing such transactions. Upon an Assignment, Customer agrees that EPH and/or EPNG, as applicable, shall have no further obligations hereunder.

Information Release Authorization. Customer authorizes EP to obtain and review information regarding Customer's credit history from credit reporting and other agencies and the following information from the utility company: consumption history; tax data; billing determinants; account number; credit information; public assistance status; existence of medical emergencies; is Human Needs; is elderly, blind or disabled; data applicable to cold weather periods under HEFPA and other Applicable Law; multiple dwellings information under HEFPA and other Applicable Law; tax status; and eligibility for economic development or other incentives. This information may be used by EPH or EPNG, as applicable, to determine whether EPH will commence and/or continue to provide electricity service and/or to determine whether EPNG will commence and/or continue to provide natural gas supply service to Customer and will not be disclosed to a third party unless required by Applicable Law. Customer's acceptance of this Agreement shall constitute authorization for the release of this information to EP. This authorization will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to EPH or EPNG, as applicable, or by calling 1-877-320-0356. EP reserves the right to cancel this Agreement in the event Customer rescinds such authorization.
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 to any unaffiliated party without your 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 letter.

Consumer Protections for Residential Customers.
The services provided by EP to residential customers are governed by the terms and conditions of this Agreement, HEFPA, and other Applicable Law. EP will provide notice at least fifteen (15) days prior to the cancellation of service to residential customers. In the event of nonpayment of any charges owed to EP, residential customers may be subject to cancellation of commodity service and the suspension of distribution service as provided by HEFPA and other Applicable Law, and under procedures approved by the NYPSC. Customer may obtain additional information by contacting EP at 1-877-320-0356 or the NYPSC at 1-800-342-3377, or by writing to the NYPSC 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://www.dps. ny.gov. Customer may also contact the NYPSC with inquiries regarding the competitive retail energy market at 1-888-697-7728.

Consumer Protections for Non-Residential Customers.
The services provided by EP to non-residential customers are governed by the terms and conditions of this Agreement and Applicable Law. EP will provide notice at least fifteen (15) days prior to the cancellation of service to non-residential customers. Customer may obtain additional information by contacting EP at 1-877-320-0356 or the NYPSC at 1-800-342-3377, or by writing to the NYPSC 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://www.dps. ny.gov. Customer may also contact the NYPSC with inquiries regarding the competitive retail energy market at 1-888-697-7728.

Right to Rescind.
Customer may rescind this Agreement within three (3) business days after Customer signs or receives a copy of this Agreement, whichever comes first, by calling or writing EP (see EP Contact Information below). Thereafter, Customer will be liable for all EPH or EPNG charges, as applicable, until the effective date of a Customer switch to the utility company or another energy supplier. If Customer does switch, a final EPH or EPNG bill, as applicable, will be rendered within twenty (20) days after the final scheduled meter reading; provided, however, that if access to Customer’s premises is unavailable, an estimated meter read will be used as a final bill, subject to true-up after the final meter reading.

Agency.

For Electricity – Customer hereby designates EPH as its agent to: (i) arrange and administer contracts and service agreements between Customer and EPH and those entities including the New York Independent System Operator ("NYISO") engaged in the generation, transmission and delivery of Customer’s electricity supplies, and (ii) nominate and schedule with the appropriate entities including the utility company for the delivery of electricity to the Sales Point and the Customer’s end-use premises. EPH as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the Customer’s requirements as established by the utility and in response to information provided by the utility. The Delivery Points for the electricity will be a point at the NYISO EPH load bus (located outside the municipality where the Customer resides). These services are provided on an arm’s length basis and market-based compensation is included in the rate noted above.
For Natural Gas – Customer hereby designates EPNG as Customer’s agent to: (i) arrange and administer contracts and service arrangements between Customer and Customer’s utility company and between Customer and interstate pipeline transporters of Customer’s natural gas supplies; (ii) nominate and schedule with the interstate pipeline(s) the transportation of Customer’s natural gas supplies from the Purchase Point(s) to the Delivery Point(s), and with the utility company for the transportation of the Customer’s natural gas supplies from the Delivery Point(s) to the Customer’s end-use premises; and (iii) aggregate Customer’s natural gas supply with such supplies of other customers served by EPNG to maintain qualification for utility transportation service and address and resolve imbalances that may arise during the term of this Agreement. As agent for Customer, EPNG will schedule the delivery of adequate supplies of natural gas at the Purchase Point(s) to meet Customer’s city gate requirements based on consumption and other information that EPNG receives from Customer’s utility company. The Purchase Point(s) for the natural gas supplies provided under this Agreement will be a point or points located outside the State of New York as selected from time to time by EPNG to assure service reliability. The Delivery Point(s) for the natural gas transported by interstate pipelines will be the city gate stations of Customer’s utility company. EPNG agrees to transport or arrange for the transportation of the natural gas supplied under this Agreement from the Purchase Point(s) to the Delivery Point(s) and from the Delivery Point(s) to the Customer’s end-use premises. These services are provided on an arm’s length basis and market-based compensation is included in the rate noted above.

Title.
Customer and EPH agree that title to, control of, and risk of loss of the electricity supplied by EPH under this Agreement, will transfer from EPH to Customer at the Delivery Point(s). EPH will indemnify and hold harmless Customer from all taxes, royalties, fees or other charges incurred before title passes with respect to the electricity provided hereunder. Customer and EPNG agree that title to, control of, and risk of loss to the natural gas supplied by EPNG under this Agreement, will transfer from EPNG to Customer at the Delivery Point(s). EPNG will indemnify and hold harmless Customer from all taxes, royalties, fees or other charges incurred before title passes with respect to the natural gas provided hereunder.

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.

Other Provisions:
This Agreement and the welcome confirmation letter together constitute 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. There are no third-party beneficiaries to this Agreement.

Force Majeure.

EPH or EPNG, as applicable, will make commercially-reasonable efforts to provide the service contemplated herein, but neither EPH nor EPNG guarantees a continuous supply of electricity and/or natural gas to Customer. Certain causes and events beyond the control of EPH or EPNG, as applicable, ("Force Majeure Event(s)") may result in interruptions in service. If a Force Majeure Event prevents EP from performing its obligation in whole or in part, EP’s performance shall be excused for the duration of such event and EPH or EPNG, as applicable, will not be liable for any such interruptions caused by a Force Majeure Event, and neither EPH nor EPNG shall be liable for damages caused by Force Majeure Events. Force Majeure Events shall include, but not be limited to, acts outside of EPH’s or EPNG’s control, acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, required maintenance work, inability to access the local distribution utility system, non-performance by the utility company (including, but not limited to, a facility emergency on its distribution lines), changes in laws, rules, or regulations of any governmental authority or any other cause beyond EP's control. EPH or EPNG will give you reasonably prompt and detailed notice of any Force Majeure occurrence.

Liability. Customer’s remedy in any claim or suit against EPH will be solely limited to direct actual damages (which will not exceed the amount of Customer's single largest monthly electricity invoice amount in the immediately preceding twelve (12) months). Customer’s remedy in any claim or suit against EPNG will be solely limited to direct actual damages (which will not exceed the amount of Customer's single largest monthly natural gas invoice amount in the immediately preceding twelve (12) months). By entering into this Agreement, Customer waives any right to any other remedy in law or equity. In no event will either EP 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.


Contact Information.
Customer may contact EP's Customer Service Center at 1-877-320-0356, Monday through Friday 9:00 a.m. - 5:00 p.m. ET (contact center hours subject to change). Customer may write to EP at: Energy Plus, PO Box 38815, Philadelphia, PA, 19104. If Customer would like to receive a hard copy of this Agreement, please send an email with your request to NYSupport@energypluscompany.comor write to EP, including Customer’s name and address.

Dispute Resolution for Residential Customers.
In the event of a billing dispute or a disagreement involving EP's service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact EP by phone or in writing (see Contact Information). We will work to resolve your inquiry fairly and efficiently. We will attempt in good faith to (i) provide an acknowledgement to you within two (2) business days and (ii) respond to you with the results of our investigation within five (5) business days. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the NYPSC pursuant to its Complaint Handling Procedures or by calling the NYPSC at 1-800-342-3377. During the pendency of any dispute, Customer must pay the bill in full, except for the specific disputed amount, and such payment shall be refunded if required by the NYPSC decision.

Dispute Resolution for Non-Residential Customers.
In the event of a billing dispute or disagreement involving EP's service, Customer should contact EP's Customer Service Center by phone or in writing (see EP Contact Information). During the pendency of the dispute, Customer must pay the bill in full, except for the specific disputed amount. If the parties cannot resolve the dispute within forty-five (45) days, EP or Customer may submit the dispute to small claims court or any other court of competent jurisdiction. The NYPSC will not resolve nonresidential disputes associated with the services provided under this Agreement. The NYPSC Office of Consumer Services can be reached: by phone toll free at 1-888-697-7728; in writing at: New York State Public Service Commission, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223; or by visiting www.dps. ny.gov.

Choice of Laws.
Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the laws of the State of New York without regard to the application of its conflicts of law principles.

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 to service provided under this Agreement, other than taxes based on EPH’s or EPNG’s net income, shall be paid by Customer, and Customer agrees to indemnify EPH and EPNG and hold EPH and EPNG harmless from and against any and all such taxes. You will be responsible and indemnify us for any and all Taxes. If Customer is exempt from any such taxes, Customer is responsible for identifying and requesting such exemption from the collection of taxes by filing appropriate documentation with EPH or EPNG and/or your utility company, as applicable.

Regulatory Changes.
If at some future date there is a change in any Applicable Law or pricing structure whereby EPH or EPNG is prevented, prohibited or frustrated from carrying out the terms of the Agreement, at their sole discretion either EPH or EPNG, as applicable, shall have the right to cancel this Agreement on fifteen (15) days' notice to Customer. This Agreement is subject to present and future legislation, orders, rules, regulations or decisions of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided hereunder.

Emergency Service.
The utility company will continue to respond to leaks and emergencies. In the event of an outage, leak, service interruption or other emergency, Customer should immediately call the utility company and emergency personnel. Customer may reach Central Hudson at 1-800-527-2714, Con Edison at 1-800-752-6633, National Grid (Keyspan NY) 1-718-643-4050, National Grid (Niagara Mohawk) at 1-800-867-5222 for electricity or 1-800-892-2345 for natural gas, National Fuel Gas 1-800-444-3130, New York State Electric & Gas at 1-800-572-1131 for electricity or 1-800-572-1121 for natural gas, Orange & Rockland at 1-877-434-4100 or 1-800-533-5325 for natural gas, and Rochester Gas & Electric at 1-800-743-1701 for electricity or 1-800-743-1702 for natural gas.

Parties Bound.
This Agreement is binding upon the parties hereto and their respective successors and legal assigns.
 
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.
 
In the case of telephonic or electronic enrollment execution shall be deemed provided pursuant to the methods authorized under the New York Uniform Business Practices.

18GE-20130501
 

New York State Public Service Commission
Your Rights as an Energy Services Company Consumer
ESCO Consumers Bill of Rights

Customers can purchase energy from an Energy Services Company (ESCO) or from a traditional utility. If you choose to purchase energy from an ESCO you are entitled to:

- price and all variable charges or fees;
- length of the agreement;
- terms for renewal of the agreement;
- cancellation process and any early termination fees, which are limited by law; and
- conditions, if any, under which the ESCO guarantees cost savings.


If you are a residential customer you are also entitled to the rights and protections of the Home Energy Fair Practices Act (HEFPA) which requires that all utility customers be treated fairly with regard to application for service, customer billing, and complaint procedures. For more information go to http://www.dps.ny.gov/resright.html.

ESCOs that do not assure these consumer rights could lose their eligibility to provide service in New York. Please report any complaints to the Department of Public Service at 1-800-342-3377 (8:30 am – 4:00 pm), by mail at Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223, or online at http://www.dps.ny.gov.

You can find more information about your energy alternatives by visiting: www.askpsc.com.

02-20121031