UTILITY GAS AND POWER (UGP) Centerpoint Energy Residential Fixed Rate Electric CHOICE Contract (Terms & Conditions)

After your successful enrollment with UGP and confirmation by the utility, UGP will supply your natural gas until either you or UGP cancels your service. Your service with UGP begins on the date provided to you by the utility. UGP is not responsible for utility delays in processing your enrollment or cancellation request. This contract governs your pricing with UGP during the term of your contract, but the timing of application of those prices to your utility bill may be impacted by the timing of your utility meter read cycles. The utility will deliver the natural gas you purchase from UGP to your premises, read your meter, provide emergency services, and issue your bill each month. The utility will charge you separately for those services. UGP’s charges for natural gas will appear as a separate line item on your bill. Sales tax will appear separately.

For new customers, your contract begins on your effective date as established by the utility and continues for the period specified in your welcome letter. For existing UGP customers, choosing a new price plan, your contract is effective upon the date your price plan change request is processed by UGP, and continues for the length of your contract, unless a later effective date is determined between you and UGP. Your price plan, per unit price, as applicable if you have selected a fixed or variable plan, are specified in your welcome letter. UGP offers residential pricing for residential customers and commercial pricing for commercial customers. UGP may from time to time offer promotional or discounted prices. Sales tax and utility charges are not included in the price per Mcf or Ccf, whichever is applicable based on your utility. If, due to a change in market conditions, UGP wishes to lower the price per Ccf or Mcf charged to the customer under an existing contract, it may do so without consent provided there are no other changes to the terms and conditions to the contract. UGP does not charge any late payment fees. UGP does not offer budget billing,

With a UGP variable plan, your price per unit of natural gas may change or remain the same from month to month based on market conditions. Service under a variable plan is on a month-to-month contract basis until cancelled by you or UGP. Many factors influence retail natural gas pricing, including wholesale gas costs, which are impacted by the weather; general market conditions; transportation costs; operating expenses; and other factors. UGP sets its prices each month based on the most current information available, including, but not limited to, the NYMEX monthly contract price for that month. UGP cannot predict the volatility of the market or what its customers will pay for gas in the future. Under a variable plan, you may switch to another UGP price plan for which you qualify at any time at no additional charge. The per-unit price on a variable plan may be higher or lower than on a fixed plan.

With a fixed price plan, UGP charges you a fixed price per unit during the term of the contract. This contract governs your pricing with UGP during the term of your contract, but the timing of application of those prices to your utility bill may be impacted by the timing of your utility meter read cycles. In addition, because meter read cycles may differ from the start and end dates of your fixed price plan contract, you may not receive the same number of bills as the number of months in your contract with UGP. When you select a fixed price plan, you commit to remain with UGP at the same price for the term of your contract. Although UGP’s currently available fixed price may change at any time, the price for the term of your contract will be UGP’s fixed price in effect at the time you selected your fixed plan. The per-unit price on a fixed plan may be higher or lower than on a variable plan.  If you decide not to renew your contract with UGP, whether you select another plan with us, return your natural gas service to the utility or choose another natural gas supplier, in order to avoid an early termination charge on your current contract, please be sure any actions that you take become effective after your current contract expires.

If you terminate your plan during the initial term of your contract, except as specifically set forth in your UGP contract at the time of enrollment, UGP will assess you an early termination charge of $150 for residential customers or $300 for commercial customers. Your UGP gas charges will be billed by the utility, along with the utility’s charges for its services. By agreeing to these terms and conditions of service, you agree to pay UGP charges in accordance with the utility’s payment procedures. If you do not pay your bills in accordance with those payment procedures or if you fail to comply with any agreed-upon payment arrangement, then the utility’s service may be terminated in accordance with the utility’s tariffs, and this contract may be cancelled. If that occurs, you are required to pay the balance owed, including any early termination charges. UGP reserves the right to bill you directly for our services, and if that occurs, we may complete a credit check and (at our sole discretion) require a security deposit. UGP and the utility are responsible for collecting amounts owed on their respective bills. Upon 14 days’ written notice, UGP may cancel this contract for nonpayment. In that event, you must pay the entire UGP balance due, including any early termination charges.

UGP is not responsible for resolving disputes with the utility. However, if you have questions concerning your UGP service, you may call UGP toll-free at 1-855-747-4931 Monday-Friday from 8 a.m. to 5 p.m. EST, excluding national holidays. You also may contact us by mail at 2680 Corporate Park Dr Ste 100 Opelika, AL 36801, or by e-mail at info@utilitygasandpower.com. In the event of a dispute with UGP, you first should contact a UGP Account Manager within 30 days of receipt of your bill. If your complaint is not resolved after you have called UGP, or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO or Commission) 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. If you need to report a natural gas leak or emergency, call the utility at the number listed on your bill. Right of Rescission– If you are a new UGP customer, the utility will send you a letter confirming your UGP enrollment. You may rescind your enrollment without penalty within 7 business days of the postmark date of that letter by contacting the utility by phone (Centerpoint Energy: 1-800-227-1376; Columbia Gas of Ohio: 1-800-344-4077; Duke Energy: 1-800-544-6900; Dominion East Ohio: 1-800-362-7557) or in writing.  If you cancel a fixed price plan prior to the end of the contract term, early termination charges will apply, as described above. This contract will terminate automatically if the utility does not serve the requested premises, if you move (other than as specified below), or if UGP returns you to the utility’s service.

You have the right to terminate this contract without penalty if you move to a new location outside of your utility service area. You have the right to terminate this contract without penalty in the event the customer relocates outside the service territory of the incumbent natural gas company or within the service territory of an incumbent natural gas company that does not permit portability of the contract. You must notify UGP if you are moving to a new location outside of your utility service area in order to have your early termination charge credited back to you. However, UGP can provide service at the new location under a new contract if you notify UGP at the time of your move and establish service with the utility at the new location with UGP as your service provider. Termination typically is effective with the next full utility billing cycle that occurs after the utility is notified of the request to terminate service. You are responsible for all fees and charges until your service is terminated. If you change to another natural gas provider (including the utility), the utility may assess a switching fee under its tariff and UGP reserves the right to assess a switching fee. If you return to the utility for service, then you may be charged a price other than the utility’s applicable tariff rate.

Other than for operation, maintenance, assignment and transfer of your account, or for commercial collection, percentage of income payment plan aggregation, and governmental aggregation, UGP will not disclose your account number without your written consent or pursuant to a court order or Commission order. Other than for credit checking and credit reporting, UGP will not release your social security number without your written consent to do so or pursuant to a court order. Under this contract, you are allowing the utility to provide UGP information about your account, including meter readings and historical data. You have the right to request from the UGP, twice within a twelve-month period, up to twenty-four months of the customer's payment history without charge. By providing your contact information to UGP (name, address, telephone number, fax number, e-mail address, etc.), you acknowledge that you are consenting to be contacted by mail, telephone, fax, voicemail, or e-mail by UGP, a third party on behalf of UGP, or an associated company. Calls for new service are recorded in compliance with Commission guidelines.

This contract is subject to present and future legislation, orders, rules, regulations and decisions of any duly constituted governmental authority having jurisdiction over this contract or the services to be provided hereunder. If at some future date there is a change in any law, rule, regulation or pricing structure whereby UGP is prevented, prohibited or frustrated from carrying out the terms of this contract, then at its sole discretion UGP shall have the right to cancel this contract on 15 days’ notice to you. If an event occurs that delays or makes it impossible for UGP to perform, such as an act of God, extraordinary weather occurrence, a facility outage on the utility system or interstate pipeline systems, a failure to perform by the utility, war, civil disturbance, or national emergency, our performance under these terms and conditions shall be excused for the duration of the event. Under such conditions, UGP may elect to discontinue service immediately, without notice. UGP reserves the right to assign this contract to another natural gas supplier approved by the PUCO. UGP is not responsible for any losses or damages resulting from any actions or policies of, or associated with, the utility, including interruption of service, termination of service, defective service, or operation and maintenance of the utility’s system, nor is UGP responsible for damages sought because of in-home or building damage. The remedy in any claim by you against UGP will be solely limited to direct actual damages. All other remedies at law or in equity are hereby waived by you. In no event, will either UGP or you 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 contract. UGP MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN, AND UGP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.