NY Fixed Terms and Conditions 

1. Agreement to Sell and Purchase Energy. This is an agreement between Alpha Gas and Electric, LLC.(“Alpha”), an independent energy services company, and the undersigned customer (“Customer”) under which Customer shall initiate natural gas and/or electricity supply service and begin enrollment with Alpha (the “Agreement”). Subject to the terms and conditions of this Agreement, Alpha agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas and/or electricity, as estimated by Alpha, necessary to meet Customer’s requirements based upon consumption data obtained by Alpha or the delivery schedule of the Local Distribution Utility (the “LDC”). Alpha is not affiliated with and does not represent the LDC. The amount of natural gas and/or electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Alpha or the LDC’s delivery schedule. The LDC will continue to deliver the natural gas and/or electricity supplied by Alpha.

2. Term. The Term shall commence as of the date of the first meter reading following when the change of Customer’s provider to Alpha is deemed effective by the LDC, and shall continue for the number of months set forth on the Customer Disclosure Statement (“the Initial Term”). Upon completion of the Initial Term, Alpha will send you written notice at least thirty (30) days but no more than sixty (60) days prior to the renewal date (the “Renewal Term”). The notice will specify the date by which you must advise Alpha if you do not want to renew your Agreement. If you do not advise Alpha by the specified date, this Agreement will automatically renew at the fixed rate or variable rate then in effect in accordance with the notice. You shall have three (3) business days from receipt of the first billing statement of your Renewal Terms to reject the renewal terms and cancel the renewal agreement

3. Pricing, Billing, and Termination. Unless otherwise agreed to in writing, the Price for services provided in this Agreement is set forth on the Customer Disclosure Statement. The Service Benefit Charge is related to the Green Product provided. There is no Early Termination Fee (“ETF”) for cancellation of this Agreement for residential Customers. For commercial accounts - In addition to any other applicable charges, Alpha will charge an ETF of the great of (a) $250 or (b) $.025 per kWh multiplied by the estimated amount of kWh remaining for the duration under the fixed rate agreement and/or $.25 per therm multiplied by the estimated amount of therms remaining for the duration under the fixed rate agreement, as applicable, using the actual volumes received by Customer for the prior 12 month period as the volumes used in determining the estimated amount. Alpha will invoice Customer monthly for natural gas and/or electricity supplied under this Agreement, as measured by the LDC, and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. The LDC will separately bill for, and Customer will be obligated to pay, all LDC delivery related rates and charges.

Customer may receive a single bill for both commodity and delivery costs from either Alpha or the LDC, or each of the LDC and Alpha may invoice Customer separately. Customer payments remitted in response to a consolidated bill shall be pro-rated (when so required) in accordance with procedures adopted by the New York State Department of Public Service (the “DPS”). Alpha may assign and sell Customer accounts receivable to the LDC.   In the event of failure to remit payment when due by a residential customer, Alpha 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 Alpha charges due on any consolidated bill prepared by the LDC for Alpha 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. Customer shall be liable for all costs of

collection including the late payment interest rate set forth in this Agreement, reasonable attorneys’ fees (if suit is filed) and reasonable collection agency fees. A $30 fee will be charged for all returned payments.

4. Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Alpha. Alpha 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.

5. Information Release Authorization. Customer authorizes Alpha to obtain and review information regarding Customer’s credit history from credit reporting agencies and 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 Alpha 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 shall constitute authorization for the release of this information to Alpha. This authorization will remain in effect unless and until rescinded by the Customer. Customer may rescind this authorization at any time by providing written notice thereof to Alpha or by calling Alpha at 1.888.636.3749. Alpha reserves the right to cancel this Agreement in the event Customer rescinds the authorization.

6. Consumer Protections. The services provided by Alpha to Customer are governed by the terms and conditions of this Agreement and HEFPA for residential customers. Alpha will provide at least 15 days’ notice prior to the cancellation of service to Customer. In the event of non-payment of any charges owed to Alpha, 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 Alpha at 1.888.636.3749 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://www.dps.state.ny.us. You may also contact the Department for inquiries regarding the competitive retail energy market at 1.888.697.7728.

7. Rescission. A residential Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement, whichever comes first, by contacting Alpha at 1.888.636.3749 or in writing. Customer is liable for all Alpha charges until Customer returns to the LDC or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading. There is no rescission period for a commercial customer.

8. Agency-Gas. Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between Customer and Alpha and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule with the interstate pipeline the transportation of Customer’s natural gas supplies to the Delivery Point(s), and with the LDC for the transportation of the Customer’s natural gas supplies from the Delivery Point(s) to the Customer’s end-use premises; and (c) aggregate Customer’s natural gas supplies with such supplies of other customers served by Alpha to maintain qualification for LDC transportation service and resolve imbalances that may arise during the term of this Agreement. Alpha as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer’s city gate requirements as established by the LDC and in response to information provided by the LDC. Alpha agrees to arrange for the transportation of the natural gas supplied under this Agreement from the Delivery Points 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 price noted above.

Agency-Electric: Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between Customer and Alpha 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 Delivery Point and the Customer’s end-use premises. Alpha 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 Delivery Points for the electricity will be a point at the NYISO Alpha 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.

9. Title. Customer and Alpha agree that title to, control of, and risk of loss to the natural gas supplied by Alpha under this Agreement will transfer from Alpha to Customer at the Delivery Point(s).

10. Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Alpha. Alpha makes no representations or warranties other than those expressly set forth in this Agreement, and Alpha expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.

11. Force Majeure. Alpha will make commercially reasonable efforts to provide natural gas and/or electricity hereunder but Alpha does not guarantee a continuous supply of natural gas and/or electricity to Customer. Certain causes and events out of the control of Alpha ("Force Majeure Events") may result in interruptions in service. Alpha will not be liable for any such interruptions caused by a Force Majeure Event, and Alpha 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 local distribution utility system, non-performance by the LDC (including, but not limited to, a facility outage on its gas distribution lines or electric facilities), or any other cause beyond Alpha’s control.

12. Liability. The remedy in any claim or suit by Customer against Alpha will be solely limited to direct actual damages (which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either Alpha 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. There are no third-party beneficiaries to this Agreement.

13. Alpha Contact Information. Customer may contact Alpha’s Customer Service Center at 1.888.636.3749, Monday through Friday 9:00 a.m. - 4:00 p.m. EST (contact center hours subject to change). Customer may write to Alpha at: Alpha, 12 College Rd, Suite 100, Monsey, NY 10952.

14. Dispute Resolution (Residential). The services provided by (ESCO) 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 Alpha’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Alpha by telephone or in writing as provided above. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the DPS pursuant to its Complaint Handling Procedures (“Procedures”) or calling the DPS at 1.800.342.3377. 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. Dispute Resolution (Commercial). In the event of a billing dispute or disagreement involving Alpha’s service, Customer should contact Alpha’s Customer Service Center as provided above. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute. If the parties cannot resolve the dispute within 45 days, either party may avail itself of all remedies available under law or equity. The DPS will not resolve Non Residential disputes associated with the services provided under this Sales Agreement. However, the DPS will monitor inquiries and contacts from Non-Residential customers regarding energy service companies and an excessive number of confirmed complaints may result in an energy service company no longer being eligible to supply natural gas or electricity in New York State. The DPS Office of Consumer Services can be reached at: New York State Public Service Commission, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223; or by visiting www.dps.state.ny.us.

15. 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.

16. 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 Alpha’s net income, shall be paid by Customer, and Customer agrees to indemnify Alpha and hold Alpha harmless from and against any and all such taxes.

17.Regulatory Changes. 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. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure (“Regulatory Change”) which impacts any material term, condition or provision of this Agreement including price, Alpha shall have the right to modify this Agreement to reflect such

Regulatory Change by providing 30 days’ written notice of such modification to the Customer. PARTICIPATION IN APP: Participation in the Assistance Program Participant (“APP”) program or any utility low income assistance program administered by your utility affects your eligibility to take service from a competitive retail electric service provider. You represent that you are not currently approved for or enrolled in APP or any such utility low income assistance program and that if you subsequently become approved for APP or any such utility low income assistance program, I understand that NY PSC regulations require Alpha to de-enroll me at the expiration of my existing agreement with Alpha.

18. Emergency Service. The LDC will continue to respond to leaks and emergencies. In the event of a gas leak, service 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 1.800.527.2714; National Fuel at 1.800.444.3130 and emergency personnel.

19. Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns.

Customer and Alpha have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all of the terms herein.

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.

20. “Free Month Energy” program for RESIDENTIAL CUTSOMERS. This promotion is only activated for RESIDENTIAL CUSTOMERS once you have received your 12th consecutive bill from your utility with Alpha as your commodity supplier. At that point you must send Alpha Customer service the one Alpha Gas and Electric monthly charge that you would like refunded from the previous 12 months. You must be active without any pending drops with ALPHA GAS AND ELECTRIC at the time the refund is processed. This offer cannot be combined with any other offer, rate schedule or rebate and is not offered to COMMERCIAL CUSTOMERS.

21. Green Product. Electric - Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production in the region of generation. RECs do not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your service you are using and receiving the benefits of that renewable energy. Your REC purchase also helps build a market for renewable energy. Increased demand for, and generation of, renewable energy helps reduce conventional energy generation in the region where the renewable energy generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide. The RECs in a Green-e® Energy certified product are verified and certified by Green-e® Energy, and the seller of a Green-e® Energy certified product is required to disclose the quantity, type and geographic source of each certificate. Green-e® Energy has only certified the RECs, which may be sourced from outside of your local energy distribution area.  Please see the Product Content Label provided at http://www.Alphagasandelectric.com for this information. Green-e® Energy also verifies that the renewable energy certificates are not sold more than once or claimed by more than one party. For information on Green-e® Energy please visit its website, www.green-e.org.  Please see the Product Content Label for more information.  Gas - Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production in the region of generation. For more information about Green-e® Climate, visit www.green-e.org/climate, email climate@green-e.org, or call (415) 561-2100.   Alpha: Greener Life is a carbon offset product. One carbon offset represents one metric ton of carbon dioxide-equivalent emissions reductions. The verified GHG emissions reductions you purchased are sourced from projects that have been validated and registered under high-quality project standards. The Carbon Offset Content (Label located at http://www.Alphagasandelectric.com) represents the mix of project types, locations, and verification programs that will be used to supply your offsets. The greenhouse gas emissions being offset with Planet Green are those associated with the combustion of natural gas at the point of consumption only, and do not include lifecycle emissions that occur during extraction, production, or delivery. Alpha: Greener Life is Green-e® Climate certified and meets the environmental and consumer-protection standard for greenhouse gas emissions reductions (carbon offsets) set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. 

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:

• A clear description of the services offered by the ESCO.
• Receive energy delivery and 24-hour emergency services from your utility company.
• Clear procedures for switching energy suppliers, including information about the enrollment process.
• Disclosure, in simple and clear language, of the terms and conditions of the agreement between you and the ESCO including: o 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.

• Rescind an agreement with an ESCO within three days of receiving the agreement, if you are a residential customer.
• A description of how pre-payment agreements work, if offered.
• Notice from the ESCO, no less than thirty days prior to the contract renewal date, of the renewal terms and the options you have as a customer.
• A fair and timely complaint resolution process.
• Provision of any written documents (contracts, marketing materials, and this ESCO Consumers Bill of Rights) in the same language used to enroll you as a customer.

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 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

Terms And Conditions Link

Alpha Gas and Electric,  LLC

Illinois Electricity Supply Terms and Conditions-Residential Fixed

Agreement to Purchase Electricity: This is an Agreement for electricity supply service, between Alpha Gas and Electric, LLC (“Alpha”) and the customer (“Customer”, you or, your authorized representative) for Customer to initiate electricity supply service and begin enrollment with Alpha. If you presently purchase your electricity supply from another competitive electricity supplier, you are responsible for cancelling that service pursuant to the terms of your agreement with your existing supplier. Alpha is licensed by the Illinois Commerce Commission as an Alternative Retail Electric Supplier (“ARES”) to offer and supply electric generation service in Illinois. Alpha will supply all the electricity that the Customer needs for its home or business (“Supply Service”). Alpha is a retail supplier of electricity and is not affiliated with the Customer’s Local Utility. Your Local Utility remains responsible for the delivery of electricity to your premises and will continue to respond to any service calls and emergencies.

Price:  This is a fixed price agreement. As noted on the Disclosure Statement, the price per kWh for all electricity sold under this Agreement is $ kWh, plus a $___ monthly Service Benefit Charge and taxes, if applicable, for the entire Initial Term of this Agreement.  The Service Benefit Charge is related to the Green Product provided. Contract Term: Months (“Initial Term”). Alpha will begin providing electricity supply service when the Customer’s Local Utility completes the switch in accordance with its rules, and will continue for      months. The switching process may take up to ninety (90) days. Your utility will provide you with a written notice confirming your switch to Alpha.  There is no early termination fee for terminating this contract during the Initial Term.

Renewal: At the end of the month Initial Term, this contract will automatically renew for a new term (“Renewal Term”). Prior to the end of the Initial Term of the agreement, Alpha will send you a notice to you inform you of your options for continuing your service with Alpha. Unless you chose a different option, this contract will automatically renew for a new term at the fixed rate then in effect without a new consent confirmation, subject to governing law, even when there is a change in the rate or other terms and conditions.

Rescission: You have the right to rescind this Agreement and the pending enrollment within 10 calendar days after the utility processes the enrollment request, by contacting Alpha at 1-888-636- 3749 (9 am to 5 pm Eastern time) or by contacting your utility at 1-800-334-7661.

Independent seller: Alpha is an independent retail electricity supplier certified by the Illinois Commerce Commission and is not endorsed by, representing or acting on behalf of, a utility or utility program, a governmental body or governmental program, or a consumer group or a consumer group program. Your electric utility remains responsible for the delivery of electricity to your premises and will continue to respond to any service calls and emergencies. You will receive a written notification from your electric utility confirming the switch of your electricity supply to Alpha.

Contact Information: Alpha Gas and Electric, LLC 12 College Rd. Suite 100, Monsey, NY 10952, Telephone: 1-888-636-3749 (9 am to 5 pm Eastern time) www.alphagasandelectric.com.  Illinois Commerce Commission 527 E. Capitol Ave.Springfield, IL 62701 www.icc.illinois.gov 1-800-524-0795. Com-Ed Customer Care Center,P.O. Box 805379 Chicago, IL 60680-5379, Residential: 1-800-334-7661, Business: 1-877-426-6331

Billing: You will continue to receive one monthly bill from your Local Utility for the electric generation and other services provided by Alpha and the distribution and other services provided by your Local Utility, each with taxes thereon. You will make payment for all of these services directly to your Local Utility in accordance with the payment terms stated in your utility’s tariffs. Alpha does not require a deposit in order for customer to enroll.

Delivery Point, Title, and Taxes All electricity sold pursuant to this Agreement shall be delivered to a location (“Point of Delivery”), which shall constitute the point at which the sale occurs and title to the energy passes to you from us. Customer will be liable for and pay all taxes or surcharges which are imposed with respect to the sale of electricity. If Customer is exempt from such taxes, Customer is responsible for identifying and requesting any exemption from the collection of the taxes by filing appropriate documentation with Alpha.

Cancellation- Customer may terminate this agreement at any time by contacting the Alpha at 1-888- 636-3749 between 9 a.m. – 5 p.m. ET Monday–Friday(Hours subject to change); by writing to us at: Alpha Gas and Electric, LLC, 12 College Rd. Suite 100, Monsey NY 10952.

Telephone: or by e-mail us at customerservice@alphagne.com . Alpha may cancel this agreement at any time upon providing written notice to Customer.

Entire Agreement - This Agreement, including the Uniform Disclosure Statement, makes up the entire Agreement between Customer and Alpha. Alpha makes no representations other than those expressly set forth in this Agreement. Alpha provides and Customer receives no warranties, express or implied, statutory, or otherwise and Alpha specifically disclaims any warranty of merchantability or fitness for a particular purpose.

Force Majeure - In the event that either party is rendered unable, wholly or in part, to perform that party’s obligations under this Agreement due to events not reasonably anticipated or within either party’s control, such as, but not limited to, acts of God, curtailment by Customer’s utilities etc., the Parties agree that such nonperformance shall be excused for the duration of the event which caused it. Should the parties have cause to claim force majeure, the claiming party will notify the other party, in writing, of the cause(s) of such event, the anticipated duration of non-performance and the remedies being taken to eliminate the cause. Financial obligations relating to payment for or delivery of electricity under this Agreement cannot be cause for claiming force majeure and obligations cannot be excused as a result of a force majeure event.

Liability - Our liability shall be limited to direct actual damages only, which will not exceed the amount of your single largest monthly invoice during the preceding 12 months. All other remedies at law or in equity are hereby waived. In no event shall we be liable for any punitive, incidental, consequential, exemplary, indirect, third-party claims, lost profits or other damages whether based on contract, warranty, tort, negligence, strict liability or otherwise any cause of action or claim for any liability, arising from a breach of this Agreement.

Dispute Resolution - In the event of a billing dispute or a disagreement involving Alpha’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Alpha by telephone or in writing as provided above. If your complaint is not resolved after you have called Alpha and/or your utility, or for general utility information, residential and business customers may contact the Illinois Commerce Commission by calling 1 800-524-0795, from 8:30 a.m. to 5:00p.m. weekdays.

Assignment - You may not assign this Agreement, in whole or in part, or any of your rights or obligations without Alpha’s prior written consent. We may, upon thirty days prior notice and without your consent: (a) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds in connection with any financial or billing services agreement; or (b) transfer or assign this Agreement any other approved supplier authorized by the ICC. This Agreement shall be binding on each party’s successors and legal assigns.

Governing Law - This Agreement is governed by the laws of the state of Illinois. 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. If at some future date there is a change in any law, rule, regulation or tariff whereby Alpha is prevented, prohibited or frustrated from carrying out the terms of the Agreement, at its sole discretion Alpha shall have the right to cancel this Agreement.

WAIVER OF JURY TRIAL. ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF ILLINOIS OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. THE ARBITRATION SHALL BE CONDUCTED ON A CONFIDENTIAL BASIS PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY DECISION OR AWARD AS A RESULT OF ANY SUCH ARBITRATION PROCEEDING SHALL BE IN WRITING AND SHALL PROVIDE AN EXPLANATION FOR ALL CONCLUSIONS OF LAW AND FACT AND SHALL INCLUDE THE ASSESSMENT OF COSTS, EXPENSES, AND REASONABLE ATTORNEYS' FEES. ANY SUCH ARBITRATION SHALL BE CONDUCTED BY AN ARBITRATOR EXPERIENCED IN COMPETITIVE RETAIL ENERGY MARKET AND SHALL INCLUDE A WRITTEN RECORD OF THE ARBITRATION HEARING. THE PARTIES RESERVE THE RIGHT TO OBJECT TO ANY INDIVIDUAL WHO SHALL BE EMPLOYED BY OR AFFILIATED WITH A COMPETING ORGANIZATION OR ENTITY. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. CUSTOMER WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

Customer Information: By entering into this Agreement, you agree that your Local Utility may release to Alpha certain information that will be needed to provide Supply Service to the Customer. We will not give or sell your personal information to any other party without your consent unless we are required to do so by law or it is necessary to enforce the terms of this Agreement. Alpha is prohibited from disclosing a customer’s social security number without the customer’s affirmative written consent except as permitted or required by 220 ILCS 5/5-110, 815 ILCS 505/2RR or other applicable law. Alpha is prohibited from disclosing a customer’s billing, usage or load data except as permitted by 20 ILCS 3855/1-92, 220 ILCS 5/16-122 or other applicable law. Alpha’s environmental disclosure statement is available for viewing on our website – www.alphagasandelectric.com. Alpha will provide quarterly updates to the statement as a separate billing insert as required under Section 16-127 of the Electric Service Customer Choice and Rate Relief Law of 1997 and the rules of the Illinois Commerce Commission, 83 Ill. Adm. Code 421.

Measurement - Both parties agree hereto to accept for purposes of accounting for quantity, quality and measurement of electricity as supplied and reported by the electric utility.

Severability - If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being invalidated in any way.

Delay or Failure to Exercise Rights - No partial performance, delay or failure on our part in exercising any rights under this Agreement and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder.

Taxes and Laws - Except as otherwise provided in this Agreement or by law, all taxes due and payable with respect to your performance of your obligations under this Agreement, shall be paid by the Customer. Any lawful tax exemption will only be recognized on a prospective basis from the date that you provide valid tax-exemption certificates to us.

Green Product. Electric - Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production in the region of generation. RECs do not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your service you are using and receiving the benefits of that renewable energy. Your REC purchase also helps build a market for renewable energy. Increased demand for, and generation of, renewable energy helps reduce conventional energy generation in the region where the renewable energy generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide. The RECs in a Green-e ® Energy certified product are verified and certified by Green-e ® Energy, and the seller of a Green-e ® Energy certified product is required to disclose the quantity, type and geographic source of each certificate.    Green-e Energy has only certified the RECs, which may be sourced from outside of your local energy distribution area.  Please see the Product Content Label provided at http://www.Alphagasandelectric.com for this information. Green-e ® Energy also verifies that the renewable energy certificates are not sold more than once or claimed by more than one party. For information on Green-e ® Energy please visit its website, www.Green-e.org.  Please see the Product Content Label for more information.  Gas - Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production in the region of generation. These carbon offsets are certified by Green-e® Climate, which requires companies to provide their customers with this notice of Price, Terms, and Conditions of service. For more information about Green-e Climate, visit www.green-e.org/climate, email climate@green-e.org, or call (415) 561-2100.  These carbon offsets represent the reduction of a specific quantity of greenhouse gas (GHG) emissions. By purchasing these offsets, you alone have the right to all associated claims about the environmental benefits they embody. Carbon offsets are to be regarded as a real environmental commodity, not a donation or investment in a future emissions reduction project. The verified GHG emissions reductions you purchased are sourced from projects that have been validated and registered under high-quality project standards. The Carbon Offset Content (Label located at http://www.Alphagasandelectric.com) represents the mix of project types, locations, and verification programs that will be used to supply your offsets. The actual percentages or metric tons of GHG emissions reductions by type may vary by a small percentage. In the case of a significant variance, the Seller of the Certified Offsets is obligated to provide you with more accurate historical disclosure. For more information see the Green-e® Climate Code of Conduct available at www.green-e.org.

Promotion - “Free Month Energy” program for RESIDENTIAL CUTSOMERS. This promotion is only activated for RESIDENTIAL CUSTOMERS once you have received your 12th consecutive bill from your utility with Alpha as your commodity supplier. At that point you must send Alpha Customer service the one Alpha Gas and Electric monthly charge that you would like refunded from the previous 12 months. You must be active without any pending drops with ALPHA GAS AND ELECTRIC at the time the refund is processed. This offer cannot be combined with any other offer, rate schedule or rebate and is not offered to COMMERCIAL CUSTOMERS

Terms And Conditions Link

Maryland Terms & Conditions

1. Agreement to Sell and Purchase Energy. This is an agreement between Alpha Gas and Electric LLC for natural gas and/or for electricity (hereafter “Alpha”), an independent energy services company, and the undersigned customer (“Customer”) under which Customer shall initiate natural gas and/or electricity service and begin enrollment with Alpha (the “Agreement”). Subject to the terms and conditions of this Agreement, Alpha enrolling the account, and your utility accepting the enrollment, Alpha agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas and/or electricity, as estimated by Alpha, necessary to meet Customer’s requirements based upon consumption data obtained by Alpha or the delivery schedule of the Local Distribution Utility (the “LDU”). You appoint us as your agent to acquire the supplies necessary to meet your electricity and/or natural gas needs. Alpha is not affiliated with and does not represent the LDU. The amount of natural gas and/or electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Alpha or the LDU’s delivery schedule. The LDU will continue to deliver the natural gas and/or electricity supplied by Alpha. The LDU responds to leaks or other emergencies, should they occur. You agree to accept the measurements as determined by the utility for purposes of accounting for the electricity or natural gas supplied by the utility. If the utility is unable to read your meter, the utility will estimate your usage and your charges will be calculated accordingly and adjusted on a future bill.
2. Term. For Fixed Rate service this Agreement shall be binding as of the date that your enrollment or reenrollment is accepted by Alpha, shall commence as of the date Customer’s notice regarding the change of Customer’s provider to Alpha is deemed effective by the LDU, and shall continue for the number of months as stated on the signature page (the “Initial Term”). Unless otherwise agreed to, upon completion of the Initial Term, this Agreement will renew on a new fixed rate with no change to the remaining terms (the “Renewal Term”). At least 30 days prior to the Renewal Term of a Fixed Rate, Alpha will notify Customer in writing of the terms of renewal of this Agreement and of the Customer’s right to renew, reject or renegotiate this Agreement.
3. Pricing and Billing. The price may be higher than the utility price. Alpha Energy does not guarantee savings. GAS. A $4.95 management fee per month always applies in addition to the price per Therm. (a) Unless otherwise agreed to in writing, the price for all natural gas sold under this Agreement shall be a variable price which each month shall reflect the wholesale cost of natural gas (including commodity, capacity, storage and balancing), transportation to the Delivery Point, and other market-related factors, plus all applicable taxes, fees, charges or other assessments and Alpha’s costs, expenses and margins which can change daily; (b) or If noted, a NYMEX plus an adder that varies each month may be charged; (c) or If noted, a fixed price plus, in each case, all applicable taxes. The price quoted is only for the specified commodity provided by the supplier. The price quoted does not include any tax, utility distribution charge, or other utility fee or charge. The supplier’s price is not regulated by the Commission, has no ceiling and may be higher than your utility. Electric. A $4.95 management fee per month always applies in addition to the price per kWh. (a) Unless otherwise agreed to in writing, the price for all electricity sold under this Agreement shall be a variable price which shall each month reflect the cost of electricity obtained from all sources (including energy, capacity, settlement, ancillaries), related transmission and distribution charges and other market-related factors, plus all applicable taxes, fees, charges or other assessments and Alpha’s costs, expenses and margins which can change daily; (b) or if noted, a fixed price per kWh, plus in each case, all applicable taxes. The price quoted is only for the specified commodity provided by the supplier. The price quoted does not include any tax, utility distribution charge, or other utility fee or charge. The supplier’s price has no ceiling and may be higher than your utility. Customer will receive a single bill for both commodity and delivery costs from the LDU, or each of the LDU and Alpha may invoice Customer separately. The rules of the utility tariff filed with the Maryland Public Service Commission (“PSC”) will apply to the billing and collection of monies owed. Customer payments remitted will be pro-rated (when so required) in accordance with adopted procedures. Commercial Accounts - If usage in any month exceeds the level of usage in the same month in the previous year (“Base Load”) by ten percent or more, the Customer will be charged a variable price for all usage in excess of the Base Load and the fixed price for usage up to the Base Load (“True-up”). If the usage in any month falls by ten percent or more below the Base Load, the Customer will be charged the fixed price for all usage and shall be charged for hedging, cash out costs, settlement or balancing costs related to the positive difference between the Base Load and actual consumption (“True-up”). The True up will be billed to the customer in the form of a blended rate of the agreed upon fixed rate and the True-up value: for months 1-3 on the 4th bill, for months 4-6 on the 7th bill, for months 7-9 on the 10th bill, for months 10-11 on the 12th bill, and for month 12 as a separate invoice. If there is a material adverse change in the business or financial condition of Customer (as determined by Alpha at its discretion) or if Customer fails to meet its obligations under this Agreement or pay or post any required security deposit, then, in addition to any other remedies that it may have, Alpha may terminate this Agreement upon 15 days’ written notice to Customer.
4. Termination. Any or all of your account(s) that are terminated or cancelled shall be returned to the utility unless you contract with another supplier for energy supply. It may take several billing cycles for your account(s) to be returned to the utility. You are required to pay all of the charges for the energy supplied by Alpha until such time as the utility or other supplier actually begins supplying the energy to your account(s). While receiving service on a variable rate, either party may cancel or terminate this Agreement by providing notice to the other party. For Fixed Agreement: If there is a material adverse change in the business or financial condition of Customer (as determined by Alpha at its discretion) or if Customer fails to meet its obligations under this Agreement or pay or post any required security deposit, then, in addition to any other remedies that it may have, Alpha may terminate this Agreement upon 15 days’ written notice to Customer. For fixed price service of 4 months or more, unless otherwise agreed in writing: (a) If Customer terminates this Agreement prior to the end of the Initial or Renewal Term or if Alpha terminates this Agreement due to Customer’s breach, the Customer shall pay Alpha, in addition to any other applicable charges, a cancellation fee equivalent to the greater of (a) $500 or (b) 2¢ per kWh multiplied by the estimated amount of kWh remaining for the duration under the Fixed Rate agreement and/or 20¢ per therm multiplied by the estimated amount of therms remaining for the duration under the Fixed Rate agreement, as applicable, using the actual volumes received by Customer for the prior 12 month period as the volumes used in determining the estimated amount. However, for all Residential customers the is NO Early Termination Fee. The Early Termination Fee is not a penalty, but is intended to compensate us for the cost of buying electricity or natural gas in advance on your behalf. If, due to significant changes in the structure of the deregulated electric or natural gas market or for any other reason relevant to Alpha Energy’s ability to supply electricity or natural gas, it becomes no longer feasible or practical for Alpha Energy to supply electricity or natural gas and must leave the market as an electric or natural gas supplier, then Alpha Energy will notify you of this fact in writing within 45 days and will advise you of your available choices. No penalty will be assessed in this event.
5. Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Alpha. Alpha 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 PSC.
6. Information Release Authorization. Customer authorizes Alpha to obtain and review information regarding Customer’s credit history from credit reporting agencies and the following information from the LDU: 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 under COMAR § 20.31. This information may be used by Alpha 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 shall constitute authorization for the release of this information to Alpha. 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 Alpha or by calling Alpha at 1.888.636.3749. Alpha reserves the right to cancel this Agreement in the event Customer rescinds the authorization. If you fail to remit payment in a timely fashion, we may report the delinquency to a credit-reporting agency. If you have provided an e-mail address, notices sent via e-mail shall constitute written notice under these terms and conditions.
7. Rescission. A residential Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement, whichever comes first, by contacting Alpha at 1.888.636.3749 or in writing.
8. Agency — Gas. Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between Customer and Alpha and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule with the interstate pipeline the transportation of Customer’s natural gas supplies from the Sales point to the Delivery Points, and with the LDU for the transportation of the Customer’s natural gas supplies from the Delivery Points to the Customer’s end-use premises; and (c) aggregate Customer’s natural gas supplies with such supplies of other customers served by Alpha to maintain qualification for LDU transportation service and resolve imbalances that may arise during the term of this Agreement. Alpha as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer’s city gate requirements as established by the LDU and in response to information provided by the LDU. The Sales Points for the natural gas supplies provided under this Agreement will be a point or points located outside the State of Maryland as selected from time to time by Alpha to assure service reliability. The Delivery Points for the natural gas transported by interstate pipelines will be the city gate stations of the LDU. Alpha agrees to arrange for the transportation of the natural gas supplied under this Agreement from the Sales Points to the Delivery Points and from the Delivery Points 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 price noted above. Agency — Electric: Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between Customer and Alpha and those entities engaged in the generation, transmission and delivery of Customer electricity supplies; and (b) forecast and schedule with the appropriate entities including the LDU for the delivery of electricity to the Sales Point and the Customer’s end-use premises. Alpha as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the Customer’s requirements as established by the LDU and in response to information provided by the LDU. The Sales Points for the electricity will be a point at the Alpha 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.
9. Title. Customer and Alpha agree that title to, control of, and risk of loss to the natural gas supplied by Alpha under this Agreement will transfer from Alpha to Customer at the Sales Point(s).
10. Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Alpha. ALPHA MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND ALPHA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
11. Force Majeure. Alpha will make commercially reasonable efforts to provide natural gas and/ or electricity hereunder but Alpha does not guarantee a continuous supply of natural gas and/ or electricity to Customer. Certain causes and events out of the control of Alpha (“Force Majeure Events”) may result in interruptions in service. Alpha will not be liable for any such interruptions caused by a Force Majeure Event, and Alpha 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, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the LDU (including, but not limited to, a facility outage on its gas distribution lines or electric facilities), changes in laws, rules, or regulations of any governmental authority or any other cause beyond Alpha’s control.
12. Liability. The remedy in any claim or suit by Customer against Alpha will be solely limited to direct actual damages. All other remedies at law or in equity are hereby waived. In no event will either Alpha 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. There are no third-party beneficiaries to this Agreement.
13. Alpha Contact Information. Customer may contact Alpha’s Customer Service Center at 1.888.636.3749, Monday through Friday 9:00 a.m. - 5:00 p.m. EST (contact center hours subject to change). Customer may write to Alpha at: 12 College Rd, Monsey NY 10952. Notice to the Customer may be provided through electronic mail to the address provided by Customer. We are licensed by the Maryland Public Service Commission (“PSC”) and our license numbers are IR-4193 for electricity and IR-4290 for natural gas.
14. Dispute Procedures. In the event of a billing dispute or a disagreement involving Alpha’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Alpha by telephone or in writing as provided above. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the Maryland PSC’s Office of External Relations at (800) 492-0474, www.psc.state.md.us, or William Donald Schaefer Tower 6 St. Paul St., 16th Floor Baltimore, MD 21202. Customer must pay the bill in full during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of PSC. Any claim by customer must be resolved by the PSC or mandatory arbitration as discussed below. Mandatory Arbitration. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer rules, as applicable, in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”. Class Action Waiver. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
15. 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 Maryland without regard to the application of its conflicts of law principles.
16. 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 Alpha’s net income, shall be paid by Customer, and Customer agrees to indemnify Alpha and hold Alpha harmless from and against any and all such taxes.
17. Regulatory Changes. This Agreement is made and shall be construed in accordance with the laws of the State of Maryland. 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. Commercial Accounts: 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 price, Alpha shall have the right to modify this Agreement to reflect such Regulatory Change by providing 30 days’ written notice of such modification to the Customer.
18. Emergency Service. In the event of an electricity or natural gas emergency or service interruption, contact your LDU at one of the telephone numbers listed below. You should also contact your local emergency personnel by dialing 911. BG&E, Power Outage (877) 778-2222, Gas Leak (800) 685-0123.  Delmarva Power, Power Outage (800) 898-8042. PEPCO, Power Outage (877) 737-2662. Potomac Edison, Power Outage (888) 544-4877. Washington Gas, Gas Leak (800) 752-7520. Columbia Gas, Gas Leak (888) 460-4332.
19. Refund Policy. As the commodity supplied under this Agreement is 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.
20. Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. Any and all prior or contemporaneous agreements, understandings and representations between the parties, whether verbal or written, are superseded by the Agreement.
21. Material Change. From time to time, we may make changes to our terms and conditions. If we make any changes that are material to your Agreement, we will send you a written notice at least 30 days prior to making such changes. The changes will automatically take effect unless you notify us within 25 days after the date of our written notice that you wish to terminate this Agreement instead of accepting the changes.
22. Relocation. If you are moving, please contact us as well as your utility to ensure a smooth transition of your service. This Agreement will remain in effect if you move to a location within the State of Maryland where we provide substantially similar service and we will continue to provide service at your new location. However, if you move to a location outside the State of Maryland or to a location within the State of Maryland where we do not provide substantially similar service, we may terminate this Agreement.
23. Severability. If any provision of the Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being invalidated in any way.
24. Delay or Failure to Exercise Rights. No partial performance, delay or failure on our part in exercising any rights under the Agreement and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder. Customer and Alpha have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all of the terms herein. In the case of telephonic or electronic enrollment, execution shall be deemed provided pursuant to the methods authorized under the Annotated Code of Maryland Commercial Law.
25. Green Product. Electric - Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production in the region of generation. RECs do not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your service you are using and receiving the benefits of that renewable energy. Your REC purchase also helps build a market for renewable energy. Increased demand for, and generation of, renewable energy helps reduce conventional energy generation in the region where the renewable energy generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide. The RECs in a Green-e ® Energy certified product are verified and certified by Green-e ® Energy, and the seller of a Green-e ® Energy certified product is required to disclose the quantity, type and geographic source of each certificate.    Green-e Energy has only certified the RECs, which may be sourced from outside of your local energy distribution area.  Please see the Product Content Label provided at http://www.Alphagasandelectric.com for this information. Green-e ® Energy also verifies that the renewable energy certificates are not sold more than once or claimed by more than one party. For information on Green-e ® Energy please visit its website, www.Green-e.org.  Please see the Product Content Label for more information.  Gas - Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production in the region of generation. These carbon offsets are certified by Green-e® Climate, which requires companies to provide their customers with this notice of Price, Terms, and Conditions of service. For more information about Green-e Climate, visit www.green-e.org/climate, email climate@green-e.org, or call (415) 561-2100.  These carbon offsets represent the reduction of a specific quantity of greenhouse gas (GHG) emissions. By purchasing these offsets, you alone have the right to all associated claims about the environmental benefits they embody. Carbon offsets are to be regarded as a real environmental commodity, not a donation or investment in a future emissions reduction project. The verified GHG emissions reductions you purchased are sourced from projects that have been validated and registered under high-quality project standards. The Carbon Offset Content (Label located at http://www.Alphagasandelectric.com) represents the mix of project types, locations, and verification programs that will be used to supply your offsets. The actual percentages or metric tons of GHG emissions reductions by type may vary by a small percentage. In the case of a significant variance, the Seller of the Certified Offsets is obligated to provide you with more accurate historical disclosure. For more information see the Green-e® Climate Code of Conduct available at www.green-e.org.
26. “Free Month Energy” program for RESIDENTIAL CUTSOMERS. This promotion is only activated for RESIDENTIAL CUSTOMERS once you have received your 12th consecutive bill from your utility with Alpha as your commodity supplier. At that point you must send Alpha Customer service the one Alpha Gas and Electric monthly charge that you would like refunded from the previous 12 months. You must be active without any pending drops with ALPHA GAS AND ELECTRIC at the time the refund is processed. This offer cannot be combined with any other offer, rate schedule or rebate and is not offered to COMMERCIAL CUSTOMERS.
27. Email. Providing an email address constitutes acceptance of Customer’s enrollment in the monthly e-newsletter and acceptance of all notices by email.

Terms And Conditions Link

Terms and Conditions – RESIDENTIAL CUSTOMERS

1. Authorization to Switch and Agreement to Sell and Purchase Energy. The Purpose of this agreement is to authorize a change to the customer's Third Party Supplier. This is an agreement between ALPHA GAS AND ELECTRIC, LLC (“ALPHA GAS AND ELECTRIC” or “TPS”) and the undersigned customer (“Customer”) under which Customer authorizes a change in Customer’s Third Party Supplier and agrees to obtain electric generation and/or natural gas supply service from ALPHA GAS AND ELECTRIC (the “Agreement”). ALPHA GAS AND ELECTRIC is licensed by the New Jersey Board of Public Utilities (“BPU”) as a Third Party Supplier to offer and  supply electric  generation  and natural  gas supply services in  New Jersey. Alpha’s New Jersey electricity supplier license number is ESL-0218  and its natural gas supplier license number is GSL-0191. Subject to the terms and conditions of this Agreement, ALPHA GAS AND ELECTRIC agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of electricity and/or natural gas, as estimated by ALPHA GAS AND ELECTRIC, necessary to meet Customer’s requirements based upon consumption data obtained by ALPHA GAS AND ELECTRIC or the delivery schedule of the Local Distribution Utility (the “LDU”). The amount of electricity and/or natural gas delivered under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by ALPHA GAS AND ELECTRIC or the LDU’s delivery schedule. The LDU will continue to deliver the electricity and/or gas supplied by ALPHA GAS AND ELECTRIC.

2. Term. This Agreement shall commence as of the date Customer’s notice regarding the change of TPS is deemed effective by the LDU, and shall continue at a fixed rate for ____ billing cycles (the “Initial Term”) followed by a fixed rate for the same Term. ALPHA GAS AND ELECTRIC will  provide notice to Customer at least 30  days prior to the end of the term of this Agreement of the date upon which the term of this Agreement will end. Upon completion of the Initial Term, this Agreement will automatically renew on a fixed rate for the same Term (the “Renewal Term”). Any such written notice will be sent at least 30 days and no more than 60 days prior to the renewal date, apprising Customer of any proposed changes in the terms and conditions of this Agreement and of the Customer’s right to renew, terminate or renegotiate this Agreement. Such new terms will only become effective upon obtaining the affirmative written signature of the Customer or obtaining authorization through the other methods set forth in N.J. A. C. Section 14:4-2.3(c) . Customer or ALPHA GAS AND ELECTRIC may cancel or terminate this Agreement if 30 days’ advance written notice of termination is provided to the other party.

3. Pricing, Billing, and Termination. Savings are NOT guaranteed. This is a Fixed Agreement. Your rate is fixed and will remain the same each month of the Initial Term, followed by a new rate for the same Term. Unless otherwise agreed to in writing, the price for all electricity sold during the fixed Initial Term of this Agreement shall be a fixed rate of  __ per kWh plus a $____monthly Service Benefit Charge and taxes, if applicable.. The price for all gas sold during the fixed Initial Term of this Agreement shall be a fixed rate of ____ per therm plus a $_____ monthly Service Benefit Charge and taxes, if applicable. The Service Benefit Charge is related to the Green Product provided. The price each month may be lower or higher than utility’s price. There is no fee for terminating this Agreement during the Initial Term.

ALPHA GAS AND ELECTRIC will invoice Customer monthly for electricity and/or natural gas delivered under this Agreement, as measured by the LDU, and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. Customer will receive a bill for the service provided by ALPHA GAS AND ELECTRIC, unless the LDU provides a consolidated bill for both commodity and delivery service. ALPHA GAS AND ELECTRIC may assign and sell the Customer’s accounts receivable to the LDU. In the event of failure to remit payment when due, ALPHA GAS AND ELECTRIC may terminate service under this Agreement in accordance with the provisions of Section 6 of this Agreement. A $30 fee will be charged for all returned payments. ALPHA GAS AND ELECTRIC does not offer budget billing.

4. Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of ALPHA GAS AND ELECTRIC. ALPHA GAS AND ELECTRIC may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement and may assign this Agreement to another entity. Alpha Gas and Electric will provide notice to customers of any assignment in accordance with applicable regulations.5

5. Information Release Authorization. Customer authorizes ALPHA GAS AND ELECTRIC to obtain and review “Customer Information” as said is defined in N.J.A.C. Section 14:2-1.2, which includes, but is not limited to, customer name, address, telephone number, usage habits or history, peak demand and payment history, and information regarding Customer’s credit history from credit reporting agencies. This information may be used by ALPHA GAS AND ELECTRIC 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 shall constitute authorization for the release of this information to ALPHA GAS AND ELECTRIC. 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 ALPHA GAS AND ELECTRIC or by calling ALPHA GAS AND ELECTRIC at 1.888.264.4908. ALPHA GAS AND ELECTRIC reserves the right to terminate this Agreement pursuant to the provisions of Section 6 of this Agreement in the event Customer rescinds the authorization.

6. TPS Termination Rights. The services provided by ALPHA GAS AND ELECTRIC to Customer are governed by the terms and conditions of this  Agreement included.  ALPHA  GAS  AND  ELECTRIC  shall have  the  right  to  terminate  this Agreement in the event of a breach of the term(s) of the Agreement by Customer, including, but not limited to, failure to remit payment as required under this Agreement, or for any other reason. ALPHA GAS AND ELECTRIC will provide at least 30 days’ written notice prior to the termination of service and provide Customer with the opportunity to remedy the termination condition. A final bill will be rendered within thirty (30) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued-up subsequent to the final meter reading.

ALPHA GAS AND ELECTRIC will invoice Customer monthly for electricity and/or natural gas delivered under this Agreement, as measured by the LDU, and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. Customer will receive a bill for the service provided by ALPHA GAS AND ELECTRIC, unless the LDU provides a consolidated bill for both commodity and delivery service. ALPHA GAS AND ELECTRIC may assign and sell the Customer’s accounts receivable to the LDU. In the event of failure to remit payment when due, ALPHA GAS AND ELECTRIC may terminate service under this Agreement in accordance with the provisions of Section 6 of this Agreement. A $30 fee will be charged for all returned payments.

7. Residential Customer Rights. Customer will receive a confirmation notice of its choice of TPS, and Customer will have 7 calendar days from the date of such confirmation notice to contact the LDU and rescind its selection. This Agreement shall not be effective upon the residential Customer until the 7–day confirmation period has expired, and the Customer has not, directly or indirectly, rescinded the selection. There is no charge for the residential Customer for starting or stopping gas supply service if done within the terms of this Agreement. The residential Customer may terminate this Agreement, with 48 hours notice without penalty, as a result of relocation within or outside the LDU’s franchise area, disability that renders the customer of record unable to pay for the TPS’ service, and/or the customer of record’s death. Switching to a competitive TPS is not mandatory and Customer has the option of remaining with the LDU for basic gas or electric service. You may contact the LDU customer service at PSEG at 1.800.436.7734, Rockland Electric at 1-877-434-4100, New Jersey Natural Gas at 1-732-938-7977, Jersey Central Power and Light 1-800-662-3115,

Atlantic City Electric 1-800-642-3780, Elizabethtown Gas 1-800-242-5830 or South Jersey Gas 1-888-766-9900

and the New Jersey Board of Public Utilities Division (“Board”) at 973.648.2350 and the Board Division of Customer Assistance at 1.800.624.0241.

8. Agency-Electric: Customer hereby designates ALPHA GAS AND ELECTRIC as agent to; (a) arrange and administer contracts and service agreements between Customer and ALPHA GAS AND ELECTRIC and those entities including PJM engaged in the generation, transmission and delivery of Customer electricity and/or natural gas supplies; and (b) nominate and schedule with the appropriate entities including the LDU for the delivery of  electricity and/or natural gas to the e Customer’s end-use premises. ALPHA GAS AND ELECTRIC as agent for the Customer will schedule the delivery of adequate supplies of electricity and/or natural gas that meet the Customer’s requirements as established by the LDU and in response to information provided by the LDU. The Delivery Points for the electricity be a point at the PJM ALPHA GAS AND ELECTRIC load bus. These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.

Agency-Gas. Customer hereby designates ALPHA GAS AND ELECTRIC as agent to; (a) arrange and administer contracts and service agreements between Customer and ALPHA GAS AND ELECTRIC and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule with the interstate pipeline the transportation of Customer’s natural gas supplies to the Delivery Points, and with the LDU for the transportation of the Customer’s natural gas supplies from the Delivery Points to the Customer’s end-use  premises;  and  (c) aggregate Customer’s natural gas supplies with such supplies of other customers served by ALPHA GAS AND ELECTRIC to maintain  qualification for LDU transportation service and resolve imbalances that may arise during the term of this Agreement.

ALPHA GAS AND ELECTRIC as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer’s requirements as established by the LDU and in response to information provided by the LDU. The Delivery Points for the natural gas transported by interstate pipelines will be the city gate stations of the LDU. ALPHA GAS AND ELECTRIC agrees to arrange for the transportation of the natural gas supplied under this Agreement from the Delivery Points 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 price noted above.

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

10. Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and ALPHA GAS AND ELECTRIC. ALPHA GAS AND ELECTRIC makes no representations or warranties other than those expressly set forth in this Agreement, and ALPHA GAS AND ELECTRIC expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.

11. Force Majeure. ALPHA GAS AND  ELECTRIC will  make commercially reasonable efforts to provide electricity and/ or natural gas hereunder but ALPHA GAS AND ELECTRIC does not guarantee a continuous supply of electricity and/or natural gas to Customer. Certain causes and events out of the control of ALPHA GAS AND ELECTRIC ("Force Majeure Events") may result in interruptions in service. ALPHA GAS AND ELECTRIC will not be liable for any such interruptions caused by a Force Majeure Event, and ALPHA GAS AND ELECTRIC 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, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the LDU (including, but not limited to, a facility outage on its gas distribution lines), changes in laws, rules, or regulations of any governmental authority or any other cause beyond ALPHA GAS AND ELECTRIC’s control.

12. Liability. The remedy in any claim or suit by Customer against ALPHA GAS AND ELECTRIC will be solely limited to direct actual damages (which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either ALPHA GAS AND ELECTRIC 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. There are no third-party beneficiaries to this Agreement.

13. ALPHA GAS AND ELECTRIC Contact Information. Customer may contact ALPHA GAS AND ELECTRICS Service Center at 1.888.636.3749, Monday through Friday 9:00 a.m. - 5:00 p.m. EST (contact center hours subject to change). Customer may write to ALPHA GAS AND ELECTRIC’S Corporate address at: ALPHA GAS AND ELECTRIC, 12 College Rd. Monsey, NY 10952. (Our NJ address is 706 Candlewood Commons, Howel NY 07731)

14. Dispute Resolution. In the event of a billing dispute or a disagreement involving ALPHA GAS AND ELECTRIC’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact ALPHA GAS AND ELECTRIC by telephone or in writing as provided above. When ALPHA GAS AND ELECTRIC receives a customer complaint or inquiry via call center, email or regular mail, the representative will make a record of the complaint and apply a case number or other identifying feature. The representative will investigate the substance of the complaint or inquiry and provide a response to the customer within ten (10) days of receipt of the complaint or inquiry. If the customer is not satisfied with the resolution presented by the call center representative, the representative will raise the complaint or inquiry with a supervisor, who will review the matter and respond to the customer within five (5) business days. If the Customer is not satisfied with the ALPHA GAS AND ELECTRIC response, ALPHA GAS AND ELECTRIC will advise the Customer that the Customer can contact the Board at 1.800.624.0241, to request an alternate dispute resolution procedure or file a formal complaint. Upon receipt of a complaint forwarded by the Board or other governmental agency, ALPHA GAS AND ELECTRIC will respond within ten (10) days and in accordance with the direction provided by the Board or other agency. 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 final resolution of the complaint.

15. 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 Jersey. This Agreement shall be construed under and shall be governed by the laws of the State of Jersey without regard to the application of its conflicts of law principles.

16. 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 ALPHA GAS AND ELECTRIC’s net income, shall be paid by Customer, and Customer agrees to indemnify ALPHA GAS AND ELECTRIC and hold ALPHA GAS AND ELECTRIC harmless from and against any and all such taxes. 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.

17. Regulatory Changes. 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. 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 price, ALPHA GAS AND ELECTRIC shall have the right to modify this Agreement to reflect such Regulatory Change by providing 30 days’ written notice of such modification to the Customer.

18. Emergency Service. The LDU will respond to leaks and emergencies. In the event of a leak, service interruption, outage or other emergency, Customer should immediately call PSEG at 1.800.436.7734, Rockland Electric at

1-877-434-4100, New Jersey Natural Gas at 1-732-938-7977, Jersey Central Power and Light 1-800-662-3115, Atlantic City Electric 1-800-642-3780, Elizabethtown Gas 1-800-242-5830 or South Jersey Gas 1-888-766-9900.

19. Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns.

20. Environmental Characteristics and Electric Generation Mix. Information regarding the generation sources and environmental characteristics of the electricity supplied by Alpha is available at www.alphagasandelectric.com.  In the case of telephonic acceptance such execution or acceptance shall be deemed provided pursuant to the methods authorized under N. J. A. C. 14:4-2.3(c).

21. Green Product. Electric - Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production in the region of generation. RECs do not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your service you are using and receiving the benefits of that renewable energy. Your REC purchase also helps build a market for renewable energy. Increased demand for, and generation of, renewable energy helps reduce conventional energy generation in the region where the renewable energy generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide. The RECs in a Green-e ® Energy certified product are verified and certified by Green-e ® Energy, and the seller of a Green-e ® Energy certified product is required to disclose the quantity, type and geographic source of each certificate.    Green-e Energy has only certified the RECs, which may be sourced from outside of your local energy distribution area.  Please see the Product Content Label provided at http://www.Alphagasandelectric.com for this information. Green-e ® Energy also verifies that the renewable energy certificates are not sold more than once or claimed by more than one party. For information on Green-e ® Energy please visit its website, www.Green-e.org.  Please see the Product Content Label for more information.  Gas - Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production in the region of generation. These carbon offsets are certified by Green-e® Climate, which requires companies to provide their customers with this notice of Price, Terms, and Conditions of service. For more information about Green-e Climate, visit www.green-e.org/climate, email climate@green-e.org, or call (415) 561-2100.  These carbon offsets represent the reduction of a specific quantity of greenhouse gas (GHG) emissions. By purchasing these offsets, you alone have the right to all associated claims about the environmental benefits they embody. Carbon offsets are to be regarded as a real environmental commodity, not a donation or investment in a future emissions reduction project. The verified GHG emissions reductions you purchased are sourced from projects that have been validated and registered under high-quality project standards. The Carbon Offset Content (Label located at http://www.Alphagasandelectric.com) represents the mix of project types, locations, and verification programs that will be used to supply your offsets. The actual percentages or metric tons of GHG emissions reductions by type may vary by a small percentage. In the case of a significant variance, the Seller of the Certified Offsets is obligated to provide you with more accurate historical disclosure. For more information see the Green-e® Climate Code of Conduct available at www.green-e.org.

22. Promotion: “Free Month Energy” program for RESIDENTIAL CUTSOMERS. This promotion is only activated for RESIDENTIAL CUSTOMERS once you have received your 12th consecutive bill from your utility with Alpha as your commodity supplier. At that point you must send Alpha Customer service the one Alpha Gas and Electric monthly charge that you would like refunded from the previous 12 months. You must be active without any pending drops with ALPHA GAS AND ELECTRIC at the time the refund is processed. This offer cannot be combined with any other offer, rate schedule or rebate and is not offered to COMMERCIAL CUSTOMERS.

Terms And Conditions Link

OHIO FIXED PRICE Electric & GAS TERMS AND CONDITIONS

1.Services.  Alpha Gas and Electric LLC (“Alpha”) is certified by the Public Utilities Commission of Ohio (“PUCO”) to offer electric & natural gas supply service in Ohio. Alpha’s PUCO certificate number for natural gas supply is 13-308G and for electricity supply is 13-701E.  Alpha will provide you with natural electric and/or gas supply services.  Your utility will deliver the electric/natural gas to your premises.

2.Term. This Agreement shall commence as of the date that the utility sends the customer a written notice regarding the change of Customer’s provider to Alpha Gas and Electric, LLC is deemed effective by your utility and shall continue for the number of billing cycles as indicated on your disclosure statement thereafter (the “Initial Term”). UNLESS OTHERWISE AGREED TO, UPON COMPLETION OF THE INITIAL TERM, THIS AGREEMENT WILL RENEW ON A NEW FIXED RATE FOR TWENTY FOUR (24) MONTHS, AS INDICATED ON A RENEWAL LETTER, WITH NO CHANGE TO THE REMAINING TERMS (THE “RENEWAL TERM”).  While receiving service on a month-to-month basis, either party may cancel or terminate this Agreement by providing thirty (30) days’ advance notice of termination to the other party. Customer is liable for all Alpha Gas and Electric, LLC charges until Customer returns to the utility or goes to another supplier. This contract automatically terminates if the requested service location is not served by the incumbent utility company, if the customer moves outside the incumbent utility company service area or to an area not served by Alpha, or Alpha returns the customer to the customer’s incumbent utility company sales service.  Service to the Customer will begin with the next available meter reading after the processing of the customer’s enrollment by the utility.

3.Price and Billing. This is a Fixed price agreement. The price that you will be charged for electric and/or natural gas during the Initial Term will be as indicated in the Disclosure Statement.  The Service Benefit Charge is related to the Green Product provided. Our price does not include Distribution Utility service and other Utility-related charges.  Alpha does not offer budget billing for the supply portion of the bill.  Customer’s utility may charge switching fees under its tariff. Your utility will   issue you a consolidated bill that will include Alpha’s charges for supply and the utility’s distribution charges.  Billing intervals will be monthly or bi-monthly, depending on the billing interval of your utility. Late payment fees: 1.5% on overdue balances.  If the customer is no longer eligible to be billed by the utility, Alpha will bill the customer.

4.Rescission/Cancellation. The Customer may rescind this contract and the pending enrollment prior to midnight on the seventh day after the postmark date on the Company’s confirmation notice or receipt of notice by other means, by contacting Alpha at 1-845-810-0088 or in writing, or by contacting your utility. Customer is liable for all Alpha Gas and Electric, LLC charges until Customer returns to the utility or goes to another supplier. Customer may cancel this agreement by notifying Alpha Gas and Electric, LLC in writing, orally, or electronically. For commercial accounts - In addition to any other applicable charges, Alpha will charge an Early Termination Fee (“ETF”) of the greater of (a) $250 or (b) $.025 per kWh and/or therm multiplied by the estimated amount of kWh/therms remaining in the Initial Term under the fixed rate agreement using the actual volumes received by Customer for the prior 12 month period as the volumes used in determining the estimated amount.

Customer has the right to terminate this contract without penalty if the customer moves outside Alpha Gas and Electric, LLC’s service area or into an area where Alpha Gas and Electric, LLC charges a different price. If Customer returns to the utility for supply, the Customer may be charged a price other than the incumbent’s regulated sales service rate. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading.

5.Renewal. The customer’s contract will be renewed without the customer’s affirmative consent even when there is a change in the rate or other terms and conditions.

6.Complaints and Disputes. In the event of any dispute or complaint, please call Alpha Gas and Electric, LLC at 845-810-0088 to try to resolve the dispute or complaint. If your complaint is not resolved after you have called Alpha Gas and Electric, LLC and/or your gas 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. 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.

7.Assignment.  Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Alpha. Alpha 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 PUCO.

8.Entire Agreement. This Agreement, including the Welcome Letter, any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Alpha. Alpha makes no representations or warranties other than those expressly set forth in this Agreement, and Alpha expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.

9.Alpha Gas and Electric, LLC Contact Information. Customer may contact Alpha Gas and Electric, LLC’s Customer Service Center at 1.888.636.3749, Monday through Friday 8:00 a.m. - 5:00 p.m. EST (contact center hours subject to change). Customer may write to Alpha Gas and Electric, LLC at: Alpha Gas and Electric, LLC, 12 College Road, Monsey NY 10952 or email Alpha Gas and Electric, LLC at all@alphagne.com.  Customer’s utility will continue to respond to leaks and emergencies.  Your utility may charge switching fees. Customer has the right to request from Alpha Gas and Electric, LLC, twice within a twelve-month period, up to twenty four months of the customer’s payment history without charge.  Alpha Gas and Electric, LLC may terminate the contract on at least fourteen calendar days written notice should the customer fail to pay the bill or fail to meet any agreed-upon payment arrangements. Alpha Gas and Electric, LLC may terminate the contract for any reason other than the customer’s failure to pay or the occurrence of a force majeure event, including but not limited to, a change in any governing law or regulation that physically prevents or legally prohibits Alpha Gas and Electric, LLC from performing under the terms of the contract. Alpha Gas and Electric, LLC will not disclose a customer’s Social Security number and/or account number without the customer’s consent except for the Alpha Gas and Electric, LLC’s own collections and credit reporting, participation in programs funded by the Universal Service Fund or assigning a customer contract to another natural gas provider.   If a customer switches back to the gas utility after choosing a retail natural gas supplier or opt-in governmental aggregator, the customer may be charged a price other than the incumbent natural gas company’s applicable tariff rate.

10.Mandatory Arbitration. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer rules, as applicable, in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.

11.Class Action Waiver. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

12.Regulatory Changes. 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. If at some future date there is a change in any law, rule, regulation, tariff, ICAP market, or regulatory structure (“Regulatory Change”) which impacts any term, condition or provision of this Agreement including, but not limited to the price. Alpha shall have the right to modify this Agreement to reflect such Regulatory Change by providing 45 days written notice of such modification to the Customer.

13.Green Product. Electric - Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production in the region of generation. RECs do not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your service you are using and receiving the benefits of that renewable energy. Your REC purchase also helps build a market for renewable energy. Increased demand for, and generation of, renewable energy helps reduce conventional energy generation in the region where the renewable energy generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide. The RECs in a Green-e ® Energy certified product are verified and certified by Green-e ® Energy, and the seller of a Green-e ® Energy certified product is required to disclose the quantity, type and geographic source of each certificate.    Green-e Energy has only certified the RECs, which may be sourced from outside of your local energy distribution area.  Please see the Product Content Label provided at http://www.Alphagasandelectric.com for this information. Green-e ® Energy also verifies that the renewable energy certificates are not sold more than once or claimed by more than one party. For information on Green-e ® Energy please visit its website, www.Green-e.org.  Please see the Product Content Label for more information.  Gas - Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production in the region of generation. These carbon offsets are certified by Green-e® Climate, which requires companies to provide their customers with this notice of Price, Terms, and Conditions of service. For more information about Green-e Climate, visit www.green-e.org/climate, email climate@green-e.org, or call (415) 561-2100.  These carbon offsets represent the reduction of a specific quantity of greenhouse gas (GHG) emissions. By purchasing these offsets, you alone have the right to all associated claims about the environmental benefits they embody. Carbon offsets are to be regarded as a real environmental commodity, not a donation or investment in a future emissions reduction project. The verified GHG emissions reductions you purchased are sourced from projects that have been validated and registered under high-quality project standards. The Carbon Offset Content (Label located at http://www.Alphagasandelectric.com) represents the mix of project types, locations, and verification programs that will be used to supply your offsets. The actual percentages or metric tons of GHG emissions reductions by type may vary by a small percentage. In the case of a significant variance, the Seller of the Certified Offsets is obligated to provide you with more accurate historical disclosure. For more information see the Green-e® Climate Code of Conduct available at www.green-e.org.

14.Contact information.  Dayton Power and Light Co. (DP&L),1065 Woodman Dr.,Dayton, OH 45432,1-800-433-8500 and AEP Ohio Transmission Company,1 Riverside Plaza,Columbus, OH 43215, 1-800-672-2231, and Columbia Gas of Ohio, Inc., 290 W. Nationwide Blvd., 240 Bldg., 4th Fl.,Columbus, OH 43215-2852,1-800-344-4077 and Duke Energy Ohio,139 E. Fourth St.,Cincinnati, OH 45202,1-800-544-6900 and Cleveland Electric Illuminating Company,76 S. Main St.,Akron, OH 44308,1-888-544-4877 and Vectren Energy Delivery of Ohio, Inc.,One Vectren Square, P.O. Box 209,Evansville, OH 47702-0209,1-800-227-1376 and Ohio Edison Company,76 S. Main St.,Akron, OH 44308,1-888-544-4877 and East Ohio Gas Company (Dominion),1201 E. 55th St.,Cleveland, OH 44103,1-800-362-7557

Terms And Conditions Link

Pennsylvania FIXED PRICE Electric & GAS TERMS AND CONDITIONS - CUSTOMER DISCLOSURE STATEMENT

Background

Alpha Gas and Electric, LLC (“Alpha”) is licensed by the Pennsylvania Public Utility Commission (“PUC”) to offer and supply electric generation services (“EGS”) & natural gas services (“NGS”) in Pennsylvania. Our PUC EGS license number is A-2011-2254554 and NGS license number is A-2013-2360403. A residential or small business customer may rescind this Agreement at any time before midnight of the third business day after receiving this disclosure.

We set the generation prices and charges that you pay. The PUC regulates distribution prices and services. The Federal Energy Regulatory Commission regulates transmission prices and services.

Electric Definitions: Generation Charge - charge for the production of electricity.

Transmission Charge - charge for moving high voltage electricity from a generation facility to the distribution lines of an Electric Distribution Company (“EDC”).

Distribution Charge - charge for delivering electricity over a distribution system to the home or business from the transmission system.

Natural Gas Definitions:  Commodity Charges - charges for natural gas supply services to retail customers.

Distribution Charges - charges for the delivery of natural gas to a retail customer from the point of receipt into the distribution system of your natural gas distribution company (“NGDC”).

Interstate Pipeline Charges - Charges for moving natural gas to the distribution lines of a distribution company.

Terms of Service

1. Agreement to Sell and Purchase Energy & Natural Gas. This is an agreement between Alpha the customer (“Customer” or “you” or “your”) under which Customer shall initiate electricity and/or gas supply service and begin enrollment with Alpha (the “Agreement”). Subject to the terms and conditions of this Agreement, Alpha agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of electricity and or gas, as estimated by Alpha, necessary to meet Customer’s requirements based upon consumption data obtained by Alpha or the delivery schedule of your EDC AND/OR NGDC. Alpha is not affiliated with and does not represent the EDC AND/OR NGDC. The amount of electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Alpha or the EDC AND/OR NGDC’s delivery schedule. The EDC AND/OR NGDC will continue to deliver the electricity supplied by Alpha.
2. Term and Cancellation. This Agreement shall commence as of the date Customer’s notice regarding the change of Customer’s provider to Alpha is deemed effective by the EDC AND/OR NGDC, and shall continue for ___ monthly billing cycles (the “Initial Term”). Unless otherwise agreed to, upon completion of the Initial Term, this Agreement will renew on either a new fixed rate or on a month-to-month basis with a monthly variable rate methodology with no change to the remaining terms (the “Renewal Term”). You may cancel your service under this Agreement by providing a 30 day written notice to Alpha. Alpha reserves the right to cancel this Agreement for any reason upon (30) days advance written notice to you.  Some reasons why this Agreement may be canceled by Alpha include: (i) non-payment: if your service is terminated by your EDC AND/OR NGDC, then this Agreement is cancelled on the date that your service is terminated. (ii) company-initiated cancellation: if Alpha cancels this agreement for any reason other than customer non-payment, we will follow applicable rules in providing notice to you. Customer is liable for all Alpha charges until Customer returns to the EDC AND/OR NGDC or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading. There is no fee for cancelling this Agreement.
3. Pricing and Billing. The price for all electricity sold during the Initial Term of this Agreement shall be a fixed rate of $0. ______ per kWh and/or $0. ______ per therm, plus a $___ monthly Service Benefit Charge for each commodity, and taxes, if applicable; or as indicated in your Disclosure Statement. The price includes estimated Gross Receipts Tax but excludes Pennsylvania sales tax, if applicable. The Service Benefit Charge is related to the Green Product provided.  If you are tax exempt you must provide Alpha with a copy of your exemption certificate. You may call Alpha or visit www.alphagasandelectric.com for pricing information. Your EDC AND/OR NGDC will issue you a consolidated bill that will include Alpha’s charges for electricity and/or gas supply and the utility’s distribution charges. Billing intervals will be monthly or bi-monthly, depending on the billing interval of your EDC AND/OR NGDC. Alpha Gas and Electric, LLC does not offer budget billing for the generation portion of the bill. In the event of failure to remit payment when due by a residential customer, Alpha may cancel commodity service under this Agreement. A $30 fee will be charged for all returned payments made to Alpha by the Customer. Late payment fees: 1.5% on overdue balances. The failure to pay utility charges may result in the customer being disconnected in accordance with the utility tariff.
4. Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Alpha. Alpha 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 PUC.
5. Information Release Authorization. Customer authorizes Alpha to obtain and review information regarding Customer’s account, billing and consumption history from the EDC AND/OR NGDC. This information may be used by Alpha 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 shall constitute authorization for the release of this information to Alpha. 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 Alpha or by calling Alpha at 1.888.636.3749. Alpha reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
6. Consumer Protections. The services provided by Alpha Gas and Electric are governed by the terms and conditions of this Agreement and the regulations of the PUC. The complete text of the PUC Customer Protection Rules referenced herein can be found in the Chapters 54, 56 and 62 of Title 52 of the Pennsylvania Code. Information about shopping for supplier is available at https://www.papowerswitch.com, www.PaGasSwitch.com or other successor media platform as determined by the Commission, or by calling the Commission at (800) 692-7380 and at www.oca.state.pa.us.
7. Right of Rescission. A residential or small business Customer may rescind this Agreement within 3 business days after receipt of this Agreement, whichever comes first, by contacting Alpha at 1.888.636.3749 or in writing.
8. Agency-Gas. Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between Customer and Alpha and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule with the interstate pipeline the transportation of Customer’s natural gas supplies from the Sales point to the Delivery Points, and with the NGDC for the transportation of the Customer’s natural gas supplies from the Delivery Points to the Customer’s end-use premises; and (c) aggregate Customer’s natural gas supplies with such supplies of other customers served by Alpha to maintain qualification for NGDC transportation service and resolve imbalances that may arise during the term of this Agreement. Alpha as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer’s city gate requirements as established by the NGDC and in response to information provided by the NGDC. The Sales Points for the natural gas supplies provided under this Agreement will be a point or points located outside the State of Pennsylvania as selected from time to time by Alpha to assure service reliability. The Delivery Points for the natural gas transported by interstate pipelines will be the city gate stations of the NGDC. Alpha agrees to arrange for the transportation of the natural gas supplied under this Agreement from the Sales Points to the Delivery Points and from the Delivery Points 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 price noted above.
9. Title. Customer and Alpha agree that title to, control of, and risk of loss to the electricity and/or natural gas supplied by Alpha under this Agreement will transfer from Alpha to Customer at the Sales Point(s).
10. Warranty. This Agreement, including the Welcome Letter, any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Alpha. Alpha makes no representations or warranties other than those expressly set forth in this Agreement, and Alpha expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
11. Force Majeure. Alpha will make commercially reasonable efforts to provide electricity and/or gas hereunder but Alpha does not guarantee a continuous supply of electricity and/or gas to Customer. Certain causes and events out of the control of Alpha (“Force Majeure Events”) may result in interruptions in service. Alpha will not be liable for any such interruptions caused by a Force Majeure Event, and Alpha 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, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution system, non-performance by the EDC AND/OR NGDC (including, but not limited to, a facility outage on its distribution lines or electric facilities), changes in laws, rules, or regulations of any governmental authority or any other cause beyond Alpha’s control.
12. Liability. The remedy in any claim or suit by Customer against Alpha will be solely limited to direct actual damages (which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either Alpha 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. There are no third-party beneficiaries to this Agreement.
13. Alpha Contact Information. Customer may contact Alpha’s Customer Service Center at 1.888.636.3749, Monday through Friday 9:00 a.m. - 5:00 p.m. EST (contact center hours subject to change). Customer may write to Alpha at: Alpha Gas and Electric, LLC, 971 Route 45, Suite 202, Pomona, N.Y. 10970.
14. Dispute Resolution. In the event of a billing dispute or a disagreement involving Alpha’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Alpha by telephone or in writing as provided above. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the PUC pursuant to its Complaint Handling Procedures (“Procedures”) or calling the PUC at 1.800.692.7380 or by writing to the PUC at the following address: Public Utility Commission, PO Box 3265, Harrisburg, Pennsylvania 17120. 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 PUC.
15. 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 Pennsylvania. This Agreement shall be construed under and shall be governed by the laws of the State of Pennsylvania without regard to the application of its conflicts of law principles.
16. 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 Alpha’s net income, shall be paid by Customer, and Customer agrees to indemnify Alpha and hold Alpha harmless from and against any and all such taxes.
17. Regulatory Changes. 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. 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 price, Alpha shall have the right to modify this Agreement to reflect such Regulatory Change by providing 30 days’ written notice of such modification to the Customer.
18. Emergency Service. The EDC AND/OR NGDC will continue to respond to leaks and emergencies. In the event of a service interruption or other emergency, Customer should immediately call their EDC AND/OR NGDC.
19. Refund Policy. As the commodity supplied under this Agreement is 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.
20. Parties Bound. This Agreement shall not become effective until accepted by Alpha. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. Customer and Alpha have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all of the terms herein. In the case of telephonic or electronic enrollment execution shall be deemed provided pursuant to the methods authorized by the PUC.
21. Green Product. Electric - Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production in the region of generation. RECs do not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your service you are using and receiving the benefits of that renewable energy. Your REC purchase also helps build a market for renewable energy. Increased demand for, and generation of, renewable energy helps reduce conventional energy generation in the region where the renewable energy generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide. The RECs in a Green-e ® Energy certified product are verified and certified by Green-e ® Energy, and the seller of a Green-e ® Energy certified product is required to disclose the quantity, type and geographic source of each certificate.    Green-e Energy has only certified the RECs, which may be sourced from outside of your local energy distribution area.  Please see the Product Content Label provided at http://www.Alphagasandelectric.com for this information. Green-e ® Energy also verifies that the renewable energy certificates are not sold more than once or claimed by more than one party. For information on Green-e ® Energy please visit its website, www.Green-e.org.  Please see the Product Content Label for more information.  Gas - Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production in the region of generation. These carbon offsets are certified by Green-e® Climate, which requires companies to provide their customers with this notice of Price, Terms, and Conditions of service. For more information about Green-e Climate, visit www.green-e.org/climate, email climate@green-e.org, or call (415) 561-2100.  These carbon offsets represent the reduction of a specific quantity of greenhouse gas (GHG) emissions. By purchasing these offsets, you alone have the right to all associated claims about the environmental benefits they embody. Carbon offsets are to be regarded as a real environmental commodity, not a donation or investment in a future emissions reduction project. The verified GHG emissions reductions you purchased are sourced from projects that have been validated and registered under high-quality project standards. The Carbon Offset Content (Label located at http://www.Alphagasandelectric.com) represents the mix of project types, locations, and verification programs that will be used to supply your offsets. The actual percentages or metric tons of GHG emissions reductions by type may vary by a small percentage. In the case of a significant variance, the Seller of the Certified Offsets is obligated to provide you with more accurate historical disclosure. For more information see the Green-e® Climate Code of Conduct available at www.green-e.org.
22. Other Provisions:  A. Severability: If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being invalidated in any way. B. Waiver: No partial performance, delay or failure on the part of Alpha in exercising any rights under this Agreement and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder. C. Universal Service: Your EDC AND/OR NGDC may have programs available to customers who are on a limited or fixed income to assist them with utility bills. Information on these programs is available from your EDC AND/OR NGDC.  D. Renewal: If you have a fixed term contract approaching the expiration date, or whenever we propose to change the terms of service in any type of contract, you will receive two separate written notifications that precede either the expiration date or the effective date of the proposed changes. These notifications will explain your options going forward
23. Contact Information: Alpha Gas and Electric, LLC (Alpha): 12 College RD. Suite 100 Monsey, NY 10952   888-636-3749.  Pennsylvania Public Utility Commission (PUC): P.O. Box 3265 Harrisburg, PA 17105-3265  Choice Hotline Number: 1.800.692.7380  Utility Information: Duquesne: 411 Seventh Avenue, Pittsburgh, PA 15129 - 888.393.7100. Columbia Gas of Pennsylvania: 501 Technology Drive Canonsburg, PA 15317 – 888.460.4332. Metropolitan Edison (MetEd): 2800 Pottsville Pike, Reading, PA 19612 - 800.545.7741. NFG Distribution: 6363 Main Street Williamsville, NY 14221 – 800.365.3234. PECO (E): 2301 Market Street, P.O. Box 8699, Philadelphia, PA 19101 - 800.494.4000. PECO (G): 2301 Market Street, P.O. Box 8699, Philadelphia, PA 19101 - 800.494.4000. Pennsylvania Electric (Penelec): 1091 Broad Street Johnstown, PA 15906 - 800.545.7741. Pennsylvania Gas Works: 800 W. Montgomery Avenue, Philadelphia, PA 19122 - 1.800.242.1776. Pennsylvania Power (Penn Power): 233 Frenz Drive, New Castle, PA 16101 - 800.720.3600. Peoples Natural Gas: P.O. Box 535323, Pittsburgh, PA 15253-5323 – 1.800.400.4271. PPL Electric Utilities: 827 Hausman Road, Allentown, PA 18104-9392 - 800.342.5775. West Penn Power: 800 Cabin Hill, Greensburg, PA 15601 - 800.686.0021. UGl Utilities: 2525 North 12th Street, Suite 360 Reading, PA 19605 - 800.276.2722

Terms And Conditions Link

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.

NOTICE OF CANCELATION (Date)      

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT  EXECUTED  BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND

A TELEGRAM, TO: Seller: ALPHA GAS AND ELECTRIC, LLC 12 COLLEGE RD. MONSEY, NY 10952

DATE OF TRANSACTION    DATE FOR NOTICE OF CANCELATION    I HEREBY CANCEL THIS TRANSACTION

Buyer’s Signature    Date

                               NOT LATER THAN MIDNIGHT OF

3-BUSINESS DAY FOLLOWING DATE OF TRANSACTION

NY Fixed Terms and Conditions

1. Agreement to Sell and Purchase Energy. This is an agreement between Alpha Gas and Electric, LLC.(“Alpha”), an independent energy services company, and the undersigned customer (“Customer”) under which Customer shall initiate natural gas and/or electricity supply service and begin enrollment with Alpha (the “Agreement”). Subject to the terms and conditions of this Agreement,

Alpha agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas and/or electricity, as estimated by Alpha, necessary to meet Customer’s requirements based upon consumption data obtained by Alpha or the delivery schedule of the Local Distribution Utility (the “LDC”). Alpha is not affiliated with and does not represent the LDC. The amount of natural gas and/or electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Alpha or the LDC’s delivery schedule. The LDC will continue to deliver the natural gas and/or electricity supplied by Alpha.

2. Term. The Term shall commence as of the date of the first meter reading following when the change of Customer’s provider to Alpha is deemed effective by the LDC, and shall continue for the number of months set forth on the Customer Disclosure Statement (“the Initial Term”). Upon completion of the Initial Term, Alpha will send you written notice at least thirty (30) days but no more than sixty (60) days prior to the renewal date (the “Renewal Term”). The notice will specify the date by which you must advise Alpha if you do not want to renew your Agreement. If you do not advise Alpha by the specified date, this Agreement will automatically renew at the fixed rate or variable rate then in effect in accordance with the notice. You shall have three (3) business days from receipt of the first billing statement of your Renewal Terms to reject the renewal terms and cancel the renewal agreement

3. Pricing, Billing, and Termination. Unless otherwise agreed to in writing, the Price for services provided in this Agreement is set forth on the Customer Disclosure Statement. The Service Benefit Charge is related to the Green Product provided. There is no Early Termination Fee (“ETF”) for cancellation of this Agreement for residential Customers. For commercial accounts - In addition to any other applicable charges, Alpha will charge an ETF of the great of (a) $250 or (b) $.025 per kWh multiplied by the estimated amount of kWh remaining for the duration under the fixed rate agreement and/or $.25 per therm multiplied by the estimated amount of therms remaining for the duration under the fixed rate agreement, as applicable, using the actual volumes received by Customer for the prior 12 month period as the volumes used in determining the estimated amount.

Alpha will invoice Customer monthly for natural gas and/or electricity supplied under this Agreement, as measured by the LDC, and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. The LDC will separately bill for, and Customer will be obligated to pay, all LDC delivery related rates and charges.

Customer may receive a single bill for both commodity and delivery costs from either Alpha or the LDC, or each of the LDC and Alpha may invoice Customer separately. Customer payments remitted in response to a consolidated bill shall be pro-rated (when so required) in accordance with procedures adopted by the New York State Department of Public Service (the “DPS”). Alpha may assign and sell Customer accounts receivable to the LDC.   In the event of failure to remit payment when due by a residential customer, Alpha 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 Alpha charges due on any consolidated bill prepared by the LDC for Alpha 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. Customer shall be liable for all costs of

collection including the late payment interest rate set forth in this Agreement, reasonable attorneys’ fees (if suit is filed) and reasonable collection agency fees. A $30 fee will be charged for all returned payments.

4. Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written

consent of Alpha. Alpha 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.

5. Information Release Authorization. Customer authorizes Alpha to obtain and review information regarding Customer’s credit history from credit reporting agencies and 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 Alpha 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 shall constitute authorization for the release of this information to Alpha. This authorization will remain in effect unless and until rescinded by the Customer. Customer may rescind this authorization at any time by providing written notice thereof to Alpha or by calling Alpha at 1.888.636.3749. Alpha reserves the right to cancel this Agreement in the event Customer rescinds the authorization.

6. Consumer Protections. The services provided by Alpha to Customer are governed by the terms and conditions of this Agreement and HEFPA for residential customers. Alpha will provide at least 15 days’ notice prior to the cancellation of service to Customer. In the event of non-payment of any charges owed to Alpha, 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 Alpha at 1.888.636.3749 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://www.dps.state.ny.us. You may also contact the Department for inquiries regarding the competitive retail energy market at 1.888.697.7728.

7. Rescission. A residential Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement, whichever comes first, by contacting Alpha at 1.888.636.3749 or in writing. Customer is liable for all Alpha charges until Customer returns to the LDC or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading. There is no rescission period for a commercial customer.

8. Agency-Gas. Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between Customer and Alpha and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule with the interstate pipeline the transportation of Customer’s natural gas supplies to the Delivery Point(s), and with the LDC for the

transportation of the Customer’s natural gas supplies from the Delivery Point(s) to the Customer’s end-use premises; and (c) aggregate Customer’s natural gas supplies with such supplies of other customers served by Alpha to maintain qualification for LDC transportation service and resolve imbalances that may arise during the term of this Agreement. Alpha as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer’s city gate requirements as established by the LDC and in response to information provided by the LDC. Alpha agrees to arrange for the transportation of the natural gas supplied under

this Agreement from the Delivery Points 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 price noted above.

Agency-Electric: Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between Customer and Alpha 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 Delivery Point and the Customer’s end-use premises. Alpha 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 Delivery Points for the electricity will be a point at the NYISO Alpha 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.

9. Title. Customer and Alpha agree that title to, control of, and risk of loss to the natural gas supplied by Alpha under this Agreement will transfer from Alpha to Customer at the Delivery Point(s).

10. Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Alpha. Alpha makes no representations or warranties other than those expressly set forth in this Agreement, and Alpha expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.

11. Force Majeure. Alpha will make commercially reasonable efforts to provide natural gas and/or electricity hereunder but Alpha does not guarantee a continuous supply of natural gas and/or electricity to Customer. Certain causes and events out of the control of Alpha ("Force Majeure Events") may result in interruptions in service. Alpha will not be liable for any such interruptions caused by a Force Majeure Event, and Alpha 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 local distribution utility system, non-performance by the LDC (including, but not limited to, a facility outage on its gas distribution lines or electric facilities), or any other cause beyond Alpha’s control.

12. Liability. The remedy in any claim or suit by Customer against Alpha will be solely limited to direct actual damages (which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either Alpha 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. There are no third-party beneficiaries to this Agreement.

13. Alpha Contact Information. Customer may contact Alpha’s Customer Service Center at 1.888.636.3749, Monday through Friday 9:00 a.m. - 4:00 p.m. EST (contact center hours subject to change). Customer may write to Alpha at: Alpha, 12 College Rd, Suite 100, Monsey, NY 10952.

14. Dispute Resolution (Residential). The services provided by (ESCO) 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 Alpha’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Alpha by telephone or in writing as provided above. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the DPS pursuant to its

Complaint Handling Procedures (“Procedures”) or calling the DPS at 1.800.342.3377. 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.

Dispute Resolution (Commercial). In the event of a billing dispute or disagreement involving Alpha’s service, Customer should contact Alpha’s Customer Service Center as provided above. Customer must pay the bill in full, except for the specific disputed

amount, during the pendency of the dispute. If the parties cannot resolve the dispute within 45 days, either party may avail itself of all remedies available under law or equity. The DPS will not resolve Non Residential disputes associated with the services provided under this Sales Agreement. However, the DPS will monitor inquiries and contacts from Non-Residential customers regarding energy service companies and an excessive number of confirmed complaints may result in an energy service company no longer being eligible to supply natural gas or electricity in New York State. The DPS Office of Consumer Services can be reached at: New York State Public Service Commission, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223; or by visiting www.dps.state.ny.us.

15. 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.

16. 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 Alpha’s net income, shall be paid by Customer, and Customer agrees to indemnify Alpha and hold Alpha harmless from and against any and all such taxes. 17.Regulatory Changes. 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. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure (“Regulatory Change”) which impacts any material term, condition or provision of this Agreement including price, Alpha shall have the right to modify this Agreement to reflect such

Regulatory Change by providing 30 days’ written notice of such modification to the Customer. PARTICIPATION IN APP: Participation in the Assistance Program Participant (“APP”) program or any utility low income assistance program administered by your utility affects your eligibility to take service from a competitive retail electric service provider. You represent that you are not currently approved for or enrolled in APP or any such utility low income assistance program and that if you subsequently become approved for APP or any such utility low income assistance program, I understand that NY PSC regulations require Alpha to de-enroll me at the expiration of my existing agreement with Alpha.

18. Emergency Service. The LDC will continue to respond to leaks and emergencies. In the event of a gas leak, service 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 1.800.527.2714; National Fuel at 1.800.444.3130 and emergency personnel.

19. Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns.

Customer and Alpha have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all of the terms herein.

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.

20. “Free Month Energy” program for RESIDENTIAL CUTSOMERS. This promotion is only activated for RESIDENTIAL CUSTOMERS once you have received your 12th consecutive bill from your utility with Alpha as your commodity supplier. At that point you must send Alpha Customer service the one Alpha Gas and Electric monthly charge that you would like refunded from the previous 12 months. You must be active without any pending drops with ALPHA GAS AND ELECTRIC at the time the refund is processed. This offer cannot be combined with any other offer, rate schedule or rebate and is not offered to COMMERCIAL CUSTOMERS.

21. Green Product. Electric - Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production in the region of generation. RECs do not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your service you are using and receiving the benefits of that renewable energy. Your REC purchase also helps build a market for renewable energy. Increased demand for, and generation of, renewable energy helps reduce conventional energy generation in the region where the renewable energy generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide. The RECs in a Green-e® Energy certified product are verified and certified by Green-e® Energy, and the seller of a Green-e® Energy certified product is required to disclose the quantity, type and geographic source of each certificate. Green-e® Energy has only certified the RECs, which may be sourced from outside of your local energy distribution area.  Please see the Product Content Label provided at http://www.Alphagasandelectric.com for this information. Green-e® Energy also verifies that the renewable energy certificates are not sold more than once or claimed by more than one party. For information on Green-e® Energy please visit its website, www.green-e.org.  Please see the Product Content Label for more information.  Gas - Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production in the region of generation. For more information about Green-e® Climate, visit www.green-e.org/climate, email climate@green-e.org, or call (415) 561-2100.   Alpha: Greener Life is a carbon offset product. One carbon offset represents one metric ton of carbon dioxide-equivalent emissions reductions. The verified GHG emissions reductions you purchased are sourced from projects that have been validated and registered under high-quality project standards. The Carbon Offset Content (Label located at http://www.Alphagasandelectric.com) represents the mix of project types, locations, and verification programs that will be used to supply your offsets. The greenhouse gas emissions being offset with Planet Green are those associated with the combustion of natural gas at the point of consumption only, and do not include lifecycle emissions that occur during extraction, production, or delivery. Alpha: Greener Life is Green-e® Climate certified and meets the environmental and consumer-protection standard for greenhouse gas emissions reductions (carbon offsets) set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. 
    

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:

• A clear description of the services offered by the ESCO.

• Receive energy delivery and 24-hour emergency services from your utility company.

• Clear procedures for switching energy suppliers, including information about the enrollment process.

• Disclosure, in simple and clear language, of the terms and conditions of the agreement between you and the ESCO including: o 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.

• Rescind an agreement with an ESCO within three days of receiving the agreement, if you are a residential customer.

• A description of how pre-payment agreements work, if offered.

• Notice from the ESCO, no less than thirty days prior to the contract renewal date, of the renewal terms and the options you have as a customer.

• A fair and timely complaint resolution process.

• Provision of any written documents (contracts, marketing materials, and this ESCO Consumers Bill of Rights) in the same language used to enroll you as a customer.

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 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

New York Customer Disclosure Statement Link

Alpha Gas and Electric, LLC

Illinois Uniform Disclosure Statement

Date: Agent ID:

This is a sales solicitation and the seller is Alpha Gas and Electric, LLC an independent retail electric supplier. If you enter into a contract with the seller, you will be changing your retail electric supplier. The seller is not endorsed by, representing or acting on behalf of, a utility or utility program, a governmental body or governmental program, or a consumer group or a consumer group program.

If you have concerns about this sales solicitation, you may contact the Illinois Commerce Commission’s Consumer Services Division at 800-524-0795. For information about the electric supply price of your electric utility and offers from other retail electric suppliers, please visit PluginIllinois.org.

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT  EXECUTED  BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO: Seller: ALPHA GAS AND ELECTRIC, LLC 12 COLLEGE RD. MONSEY, NY 10952

DATE OF TRANSACTION DATE FOR NOTICE OF CANCELATION I HEREBY CANCEL THIS TRANSACTION

Buyer’s Signature Date

       NOT LATER THAN MIDNIGHT OF

     3-BUSINESS DAY FOLLOWING DATE OF TRANSACTION

Customer Disclosure Statement Link

Fixed Rate Contract Summary

For additional information, please refer to your Terms and Conditions. Please retain this document for your records. If you have any questions regarding this agreement, contact your competitive supplier using the information above.

You, the buyer, may rescind this transaction at any time prior to midnight of the third business day after the date of this transaction.  See the attached notice of cancelation form for an explanation of this right.

Notice of Cancellation

You may rescind this transaction, without any penalty or obligation, within three business days of the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail a signed and dated copy of this cancellation notice or any other written notice to seller: Alpha Gas & Electric, 12 College Road, Monsey NY 10952 or fax it to 845-501-0633 NO LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF TRANSACTION.

________________________ ______________________________________________ _________________________________

Date of Transaction Utility Account Number Telephone Number

    Not later than midnight of I hereby cancel this transaction _____________    _________________________________

3rd business day following transaction Date       Buyer’s Signature

Last Date for Notice of Cancellation

Customer Disclosure Statement Link

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.

NOTICE OF CANCELATION (Date) _________________

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT  EXECUTED  BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SENDA TELEGRAM, TO: Seller: ALPHA GAS AND ELECTRIC, LLC 12 COLLEGE RD. MONSEY, NY 10952

DATE OF TRANSACTION DATE FOR NOTICE OF CANCELATION I HEREBY CANCEL THIS TRANSACTION

__________________________ _____________________________ ______________________________    _________

NOT LATER THAN MIDNIGHT OF Buyer’s Signature Date

3-BUSINESS DAY FOLLOWING

DATE OF TRANSACTION

New York Customer Disclosure Statement Link

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.

NOTICE OF CANCELATION (Date) _________________

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT  EXECUTED  BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SENDA TELEGRAM, TO: Seller: ALPHA GAS AND ELECTRIC, LLC 12 COLLEGE RD. MONSEY, NY 10952

DATE OF TRANSACTION DATE FOR NOTICE OF CANCELATION I HEREBY CANCEL THIS TRANSACTION

__________________________ _____________________________ ______________________________    _________

NOT LATER THAN MIDNIGHT OF Buyer’s Signature Date

3-BUSINESS DAY FOLLOWING

DATE OF TRANSACTION

New York Customer Disclosure Statement Link

Disclosure Statement

Additional Notifications

Notice of Cancellation

You may cancel this transaction, without any penalty or obligation, within three business days of the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail a signed and dated copy of this cancellation notice or any other written notice to seller: Alpha Gas & Electric, 12 College Road, Monsey NY 10952 or fax it to 845-501-0633 NO LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF TRANSACTION.

________________________       _________________________________

Date       Utility Account Number

    Not later than midnight of I hereby cancel this transaction _____________    _________________________________

3rd business day following transaction Date       Buyer’s Signature

Last Date for Notice of Cancellation

New York Customer Disclosure Statement Link

Fixed Rate Contract Summary

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.  See the attached notice of cancelation form for an explanation of this right.

Notice of Cancellation

You may cancel this transaction, without any penalty or obligation, within three business days of the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail a signed and dated copy of this cancellation notice or any other written notice to seller: Alpha Gas & Electric, 12 College Road, Monsey NY 10952 or fax it to 845-501-0633 NO LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF TRANSACTION.

________________________ ______________________________________________ _________________________________

Date of Transaction Utility Account Number Telephone Number

    Not later than midnight of I hereby cancel this transaction _____________    _________________________________

3rd business day following transaction Date       Buyer’s Signature

Last Date for Notice of Cancellation

New York Customer Disclosure Statement Link