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Addendum B -Terms and Conditions
<br />(Transition Endorsement Program)
<br />1. What We Agree To Do: NextEra Energy Services Ohio, LLC
<br />( Mier", "we", "our" or "us") will supply all your gas needs, and
<br />y Jtility will deliver the gas you buy under this Agreement to your
<br />facrrrry address.
<br />2. What You Agree To Do: You agree to pay in full the bill for
<br />natural gas and for the Utility's charges on or before the due date on
<br />the bill. You will receive a single monthly bill from the Utility (unless
<br />we need to provide you dual bills) that will include the Utility's charges
<br />as well as the Supplier's charges. If you are dual billed and the bill for
<br />the Supplier's charges is paid after the due date, you may be
<br />assessed the Late Fee and we may report delinquent balances to a
<br />credit agency. We may assess a twenty five dollar ($25) fee against
<br />any transaction not processed due to insufficient funds or credit
<br />availability for any method of payment, including checks, bank drafts
<br />or credit card
<br />3. Price: During the Initial Term, you agree to pay the Contract
<br />Price set forth in the Base Contract. The Contract Price does not
<br />include applicable Ohio taxes and you will continue to be responsible
<br />for all charges assessed by the Utility, including any fees, surcharges
<br />or taxes associated with providing your supply, whether Utility or
<br />Supplier based. In the event that any costs or charges are created or
<br />modified due to a change in law, regulation, rule, ordinance, order or
<br />decree by a governmental authority, or in a Utility tariff, we have the
<br />right to increase the Contract Price by the amount of these costs or
<br />charges and you agree to pay the increase. If this Agreement
<br />continues after the end of the Initial Term, the applicable Contract
<br />Price will be the Variable Price, not the Contract Price set forth in the
<br />Base Contract. The Variable Price may change each month without
<br />prior notice to Customer, at the sole discretion of Supplier.
<br />Utilities Commission of Ohio with at least fourteen (14) days written
<br />notice. Upon termination or expiration of this Agreement, you may
<br />choose to receive natural gas from the Utility, or enroll with another
<br />supplier. This Agreement automatically terminates if the requested
<br />service location is not served by the Utility, or if the Supplier returns
<br />you to your Utility's gas supply as provided herein. If you voluntarily
<br />switch back to the Utility, you may be charged a price other than the
<br />Utility's applicable tariff rate.
<br />7. Amendment: Upon thirty (30) days' advance written notice to
<br />you, the Supplier may amend this Agreement due to any material
<br />regulatory, tariff, or procedural change that adversely affects its ability
<br />to serve you under this Agreement.
<br />8. Assignment: We may assign this Agreement to an affiliate or
<br />third party, in whole or in part, upon thirty (30) days written notice tc
<br />you subject to any regulatory approvals, if applicable. You may not
<br />assign any rights and obligations under this Agreement without our
<br />prior consent.
<br />9. Program Termination: In the event the Utility's Choice Program is
<br />terminated prior to the end of this Agreement, this Agreement shall
<br />automatically terminate.
<br />10. Authorization: You authorize the Utility to release to the
<br />Supplier all information relating to your historical and current gas
<br />usage, account number, address, phone number, billing and payment
<br />history. Supplier will not release your account number(s), social
<br />security number or any of your information without your express written
<br />consent except in accordance with Rules 4901:1-28-04 and 4901:1-29-
<br />09 of the Ohio Administrative Code.
<br />4 Term: This Agreement shall become effective on the
<br />Effective Date set forth in the Base Contract, and natural gas supply
<br />from Supplier to each account will begin on the date that the Utility
<br />has switched such account to Supplier (the "Switch Date") and
<br />continuing thereafter through the end of the Initial Term. The Utility
<br />will send you a written notice confirming your decision to enroll with
<br />Supplier. If, upon expiration of the Initial Term, all or any Accounts are
<br />not successfully switched away by the Utility to receive supply from
<br />another supplier or the Utility, this Agreement shall continue on a
<br />month-to-month basis until either party terminates this Agreement and
<br />the Utility switches such accounts away to receive supply from
<br />another supplier or the Utility. Upon termination of this Agreement,
<br />Supplier's right to receive payment, the limitation of liability provision
<br />and any other provisions of this Agreement, that by their sense and
<br />context, are intended to survive termination of this Agreement shall
<br />survive the termination of this Agreement.
<br />5. Eligibility: This Agreement is only for Mercantile Customers
<br />having Utility "choice" accounts that do not receive contracted, non-
<br />standard gas transportation service from the Utility. By entering into
<br />this Agreement you hereby represent and warrant that you are and
<br />will remain a Mercantile Customer for the term of this Agreement. The
<br />Supplier reserves the right to void this Agreement, without liability, if
<br />your account does not meet these eligibility requirements.
<br />6. Cancellation: If, at any time during the Initial Term, you switch
<br />away to another supplier, or are subject to an Event of Default and we
<br />terminate your supply with us, you are required to pay us the Early
<br />T--`nation Fee, if applicable, and you must also pay us for the supply
<br />~ ovide through the date of termination. The parties agree that
<br />s,..,.. ;ee is a fair and reasonable estimate of damages incurred by us.
<br />If, at any time during the term of this Agreement, you are subject to an
<br />Event of Default and we terminate this Agreement, you may be
<br />disconnected in accordance with the Utility's tariff on file with the Public
<br />11. Customer Inquiries And Disputes: The Supplier's hours for
<br />customer service operations are 24 hours a day, every day. If you
<br />wish to speak with us concerning your bill or any issue you dispute;
<br />please call toll-free 855-262-3596. You can also write to NextEra
<br />Energy Services Ohio, LLC 20455 State Highway 249, Suite 200:
<br />Houston, TX 77070 or email ai
<br />OHServices(a~nexteraenergyservices.com. Please remember to
<br />include your account number. Visit us at our website ai
<br />www.nexteraenergyservices.com. We will investigate and attempt to
<br />resolve the matter within five (5) business days. If your complaint is not
<br />resolved after you have called NextEra Energy Services Ohio, LLC, or
<br />for general utility information, residential and business customers may
<br />call the Public Utilities Commission of Ohio (PUCO) toll-free at 1-800-
<br />686-7826 or for TDD/TTY toll-free at 1-800-686-1570, from 8:00 a.m.
<br />to 5:00 p.m. weekdays or visit www.P000.ohio.gov. Hearing or
<br />speech impaired customers may contact the PUCO via 7-1-1 (Ohic
<br />relay service).
<br />12. Liability Limit/Disclaimer. THE REMEDY IN ANY CLAIM
<br />OR SUIT BY YOU AGAINST US WILL BE LIMITED TO DIRECT,
<br />ACTUAL DAMAGES, AND NEITHER NEXTERA ENERGY
<br />SERVICES OHIO, LLC NOR ANY OF ITS AFFILIATES WILL BE
<br />LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL,
<br />INDIRECT (INCLUDING LOSS OF PROFITS) OR PUNITIVE
<br />DAMAGES. WE DISCLAIM ALL REPRESENTATIONS AND
<br />WARRANTIES REGARDING THE SUPPLY OF GAS AND
<br />SERVICES PURSUANT TO THIS AGREEMENT, WHETHER
<br />WRITTEN, ORALLY EXPRESSED, OR IMPLIED INCLUDING,
<br />WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A
<br />PARTICULAR PURPOSE.
<br />13. Force Majeure: In the event that either Party's pertormance of its
<br />obligations under this Agreement, other than payment obligations, is
<br />TRANSEN DORSETOS.2-4-16
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