Common use of Amount of Early Termination Fee and method of calculation Clause in Contracts

Amount of Early Termination Fee and method of calculation. If this Agreement is terminated during the Initial Term or any subsequent Renewal Term after the applicable cancellation period, Customer will pay an early termination cost recovery fee. Such fee will be ten dollars ($10.00) per month for each month remaining on the Agreement, but will not exceed; one hundred dollars ($100.00) for any Agreement with a remaining term of less than 12 months; or two hundred dollars ($200.00) for any Agreement with a remaining term of more than 12 months. Amount of Late Payment Fee and method of calculation If Customer does not pay its bill on time, Customer may be subject to termination of its electricity supply services and the suspension of its supply services under procedures approved by NYPSC. If NAP directly invoices Customer, Customer is required to pay NAP’s invoices within twenty (20) days from the invoice date and NAP reserves the right to charge a late payment fee each month in the amount of 1.5% of the past due invoice amount. If any payment is returned, Customer will be required to pay a twenty five dollar ($25.00) fee for each occurrence. If Customer is a non-residential customer, failure to make full payment of NAP charges due on any consolidated bill prepared by Customer’s local distribution utility will be grounds for disconnection of utility services and electricity supply service in accordance with NYPSC rules and regulations on the termination of service to non-residential customers. Provisions for renewal of the agreement North American Power must clearly inform Customer in writing, not less than 30 days nor more than 60 days before the end of the current term of Customer’s Agreement, of any renewal terms and Customer’s option to reject the renewal terms. Customer will not be charged a termination fee if Customer objects to renewal within 3 business days after customer receives the first billing statement under the agreement as renewed. If North American Power makes any changes to Customer’s renewed agreement other than a rate change or a change from a fixed to a variable rate as specified in the initial sales agreement, any such changes will be considered material and will require that North American Power obtain Customer’s express consent for renewal. Conditions under which savings to the customer are guaranteed No savings are guaranteed as the utility price may vary during the term of this Agreement. Service. Customer will begin receiving electricity at the time of the first scheduled meter reading by the Local Distribution Utility (“LDU”) or, if applicable, after the date on which Customer is eligible to participate in the utility ESCO Referral Program. NORTH AMERICAN POWER AND GAS, LLC (“NAP” and/or “North American Power”) shall supply the customer’s electricity pursuant to this Agreement. By executing, approving and/or not rescinding this Agreement under NAP’s terms or the utility’s ESCO Referral Program, Customer agrees to initiate service and begin enrollment. By enrolling with NAP, Customer acknowledges that this agreement is an agreement to initiate electricity supply services with NAP. NAP is approved by the New York State Public Service Commission (“NYPSC”) to act as an Energy Service Company (“ESCO”) and has entered into a service agreement with Customer’s Utility. The NYPSC does not regulate the price of electricity or other charges found in this Agreement. Customer is at least 18 years old and fully authorized to enter into this Agreement. NAP is a retail marketer of electricity and not Customer’s LDU. Customer’s LDU will continue to perform the following functions; deliver electricity, read meter, send bill, and make repairs. LDU will also respond to emergencies and provide other traditional utility services. Customer understands that Customer is not required to choose a competitive supplier, and may continue to have the LDU supply Customer’s electricity. Term. The term of this Sales Agreement will begin on the next applicable meter read date after the LDU processes Customer’s enrollment and will continue until the end date specified in the Disclosure Statement above unless this Sales Agreement is renewed or terminated pursuant to Termination section of this Agreement . Upon completion of any initial or renewal term of this Agreement, the Agreement will automatically renew on a month to month variable market rate basis on the same terms as contained herein. However, if NAP materially changes its terms and conditions, other than variable market based pricing, NAP must obtain customer’s authorization (written or verifiable oral) after customer has received a written notification of the new terms not less than 30 days nor more than 60 days prior to the date of the new terms and conditions (the “Renewal Term”). Customer shall have 3 business days from receipt of the first billing statement of customer’s Renewal Term to reject renewal terms and cancel renewal agreement. The Customer may provide written notice of termination to NAP at its email or mailing address or call NAP as outlined in the Contact Information section of this Agreement. Customer may also call their delivery company to terminate the agreement. NAP may terminate this Agreement by providing 15 days’ written notice to the Customer. Open Price. Approximately each month the customer bill will be calculated by multiplying (i) the price of electricity by (ii) the amount of electricity used in the billing cycle plus (iii) applicable taxes, fees, and charges levied by the utility for distribution and other services. NORTH AMERICAN POWER’s price for all electricity sold under this Agreement shall be fixed for the term indicated on the Disclosure Statement above, and is guaranteed not to change for the term listed on the Disclosure Statement or any renewal notice. Variable market based rates will be calculated on the method stated above to include any market prices for commodity, transportation, balancing fees, storage charges, NORTH AMERICAN POWER fees, profit, line losses plus applicable taxes, and any other charges or fees imposed by the utility or other entity having such authority to impose any such charges. .

Amount of Early Termination Fee and method of calculation. If this Agreement is terminated during the Initial Term or any subsequent Renewal Term after the applicable cancellation period, Customer will pay an early termination cost recovery fee. Such fee will be ten dollars ($10.00) per month for each month remaining on the Agreement, but will not exceed; one hundred dollars ($100.00) for any Agreement with a remaining term of less than 12 months; or two hundred dollars ($200.00) for any Agreement with a remaining term of more than 12 months. Amount of Late Payment Fee and method of calculation If Customer does not pay its bill on time, Customer may be subject to termination of its electricity natural gas supply services and the suspension of its supply services under procedures approved by NYPSC. If NAP directly invoices Customer, Customer is required to pay NAP’s invoices within twenty (20) days from the invoice date and NAP reserves the right to charge a late payment fee each month in the amount of 1.5% of the past due invoice amount. If any payment is returned, Customer will be required to pay a twenty five dollar ($25.00) fee for each occurrence. If Customer is a non-residential customer, failure to make full payment of NAP charges due on any consolidated bill prepared by Customer’s local distribution utility will be grounds for disconnection of utility services and electricity natural gas supply service in accordance with NYPSC rules and regulations on the termination of service to non-residential customers. Provisions for renewal of the agreement North American Power must clearly inform Customer in writing, not less than 30 days nor more than 60 days before the end of the current term of Customer’s Customer Agreement, of any renewal terms and Customer’s Customer option to reject the renewal terms. Customer will not be charged a termination fee if Customer objects to renewal within 3 business days after customer receives the first billing statement under the agreement as renewed. If North American Power makes any changes to Customer’s renewed agreement other than a rate change or a change from a fixed to a variable rate as specified in the initial sales agreement, any such changes will be considered material and will require that North American Power obtain Customer’s express consent for renewal. Conditions under which savings to the customer are guaranteed No savings are guaranteed as the utility price may vary during the term of this Agreement. Service. Customer will begin receiving electricity at the time of the first scheduled meter reading by the Local Distribution Utility (“LDU”) or, if applicable, after the date on which Customer is eligible to participate in the utility ESCO Referral Program. NORTH AMERICAN POWER AND GAS, LLC (“NAP” and/or “North American Power”) shall supply the customer’s electricity pursuant to this Agreement. By executing, approving and/or not rescinding this Agreement under NAP’s terms or the utility’s ESCO Referral Program, Customer agrees to initiate service and begin enrollment. By enrolling with NAP, Customer acknowledges that this agreement is an agreement to initiate electricity supply services with NAP. NAP is approved by the New York State Public Service Commission (“NYPSC”) to act as an Energy Service Company (“ESCO”) and has entered into a service agreement with Customer’s Utility. The NYPSC does not regulate the price of electricity or other charges found in this Agreement. Customer is at least 18 years old and fully authorized to enter into this Agreement. NAP is a retail marketer of electricity and not Customer’s LDU. Customer’s LDU will continue to perform the following functions; deliver electricity, read meter, send bill, and make repairs. LDU will also respond to emergencies and provide other traditional utility services. Customer understands that Customer is not required to choose a competitive supplier, and may continue to have the LDU supply Customer’s electricity. Term. The term of this Sales Agreement will begin on the next applicable meter read date after the LDU processes Customer’s enrollment and will continue until the end date specified in the Disclosure Statement above unless this Sales Agreement is renewed or terminated pursuant to Termination section of this Agreement . Upon completion of any initial or renewal term of this Agreement, the Agreement will automatically renew on a month to month variable market rate basis on the same terms as contained herein. However, if NAP materially changes its terms and conditions, other than variable market based pricing, NAP must obtain customer’s authorization (written or verifiable oral) after customer has received a written notification of the new terms not less than 30 days nor more than 60 days prior to the date of the new terms and conditions (the “Renewal Term”). Customer shall have 3 business days from receipt of the first billing statement of customer’s Renewal Term to reject renewal terms and cancel renewal agreement. The Customer may provide written notice of termination to NAP at its email or mailing address or call NAP as outlined in the Contact Information section of this Agreement. Customer may also call their delivery company to terminate the agreement. NAP may terminate this Agreement by providing 15 days’ written notice to the Customer. Open Price. Approximately each month the customer bill will be calculated by multiplying (i) the price of electricity by (ii) the amount of electricity used in the billing cycle plus (iii) applicable taxes, fees, and charges levied by the utility for distribution and other services. NORTH AMERICAN POWER’s price for all electricity sold under this Agreement shall be fixed for the term indicated on the Disclosure Statement above, and is guaranteed not to change for the term listed on the Disclosure Statement or any renewal notice. Variable market based rates will be calculated on the method stated above to include any market prices for commodity, transportation, balancing fees, storage charges, NORTH AMERICAN POWER fees, profit, line losses plus applicable taxes, and any other charges or fees imposed by the utility or other entity having such authority to impose any such charges. guaranteed.

Amount of Early Termination Fee and method of calculation. If this Agreement is terminated during the Initial Term or any subsequent Renewal Term after the applicable cancellation period, Customer will pay an early termination cost recovery fee. Such fee will be ten dollars ($10.00) per month for each month remaining on the Agreement, but will not exceed; one hundred dollars ($100.00) for any Agreement with a remaining term of less than 12 months; or two hundred dollars ($200.00) for any Agreement with a remaining term of more than 12 months. Amount of Late Payment Fee and method of calculation If Customer does not pay its bill on time, Customer may be subject to termination of its electricity supply services and the suspension of its supply services under procedures approved by NYPSC. If NAP directly invoices Customer, Customer is required to pay NAP’s invoices within twenty (20) days from the invoice date and NAP reserves the right to charge a late payment fee each month in the amount of 1.5% of the past due invoice amount. If any payment is returned, Customer will be required to pay a twenty twenty-five dollar ($25.00) fee for each occurrence. If Customer is a non-residential customer, failure to make full payment of NAP charges due on any consolidated bill prepared by Customer’s local distribution utility will be grounds for disconnection of utility services and electricity supply service in accordance with NYPSC rules and regulations on the termination of service to non-residential customers. Provisions for renewal of the agreement North American Power must clearly inform Customer in writing, not less than 30 days nor more than 60 days before the end of the current term of Customer’s Agreement, of any renewal terms and Customer’s option to reject the renewal terms. Customer will not be charged a termination fee if Customer objects to renewal within 3 business days after customer receives the first billing statement under the agreement as renewed. If North American Power makes any changes to Customer’s renewed agreement other than a rate change or a change from a fixed to a variable rate as specified in the initial sales agreement, any such changes will be considered material and will require that North American Power obtain Customer’s express consent for renewal. Conditions under which savings to the customer are guaranteed No savings are guaranteed as the utility price may vary during the term of this Agreement. Service. Customer will begin receiving electricity at the time of the first scheduled meter reading by the Local Distribution Utility (“LDU”) or, if applicable, after the date on which Customer is eligible to participate in the utility ESCO Referral Program. NORTH AMERICAN POWER AND GAS, LLC (“NAP” and/or “North American Power”) shall supply the customer’s electricity pursuant to this Agreement. By executing, approving and/or not rescinding this Agreement under NAP’s terms or the utility’s ESCO Referral Program, Customer agrees to initiate service and begin enrollment. By enrolling with NAP, Customer acknowledges that this agreement is an agreement to initiate electricity supply services with NAP. NAP is approved by the New York State Public Service Commission (“NYPSC”) to act as an Energy Service Company (“ESCO”) and has entered into a service agreement with Customer’s Utility. The NYPSC does not regulate the price of electricity or other charges found in this Agreement. Customer is at least 18 years old and fully authorized to enter into this Agreement. NAP is a retail marketer of electricity and not Customer’s LDU. Customer’s LDU will continue to perform the following functions; deliver electricity, read meter, send bill, and make repairs. LDU will also respond to emergencies and provide other traditional utility services. Customer understands that Customer is not required to choose a competitive supplier, and may continue to have the LDU supply Customer’s electricity. Term. The term of this Sales Agreement will begin on the next applicable meter read date after the LDU processes Customer’s enrollment and will continue until the end date specified in the Disclosure Statement above unless this Sales Agreement is renewed or terminated pursuant to Termination section of this Agreement Agreement. Upon completion of any initial or renewal term of this Agreement, the Agreement will automatically renew on a month to month-to- month variable market rate basis on the same terms as contained herein. However, if NAP materially changes its terms and conditions, other than variable market based pricing, NAP must obtain customer’s authorization (written or verifiable oral) after customer has received a written notification of the new terms not less than 30 days nor more than 60 days prior to the date of the new terms and conditions (the “Renewal Term”). Customer shall have 3 business days from receipt of the first billing statement of customer’s Renewal Term to reject renewal terms and cancel renewal agreement. The Customer may provide written notice of termination to NAP at its email or mailing address or call NAP as outlined in the Contact Information section of this Agreement. Customer may also call their delivery company to terminate the agreement. NAP may terminate this Agreement by providing 15 days’ written notice to the Customer. Open Price. Approximately each month the customer bill will be calculated by multiplying (i) the price of electricity by (ii) the amount of electricity used in the billing cycle plus (iii) applicable taxes, fees, and charges levied by the utility for distribution and other services. NORTH AMERICAN POWER’s price for all electricity sold under this Agreement shall be fixed for the term indicated on the Disclosure Statement above, and is guaranteed not to change for the term listed on the Disclosure Statement or any renewal notice. Variable market based rates will be calculated on the method stated above to include any market prices for commodity, transportation, balancing fees, storage charges, NORTH AMERICAN POWER fees, profit, line losses plus applicable taxes, and any other charges or fees imposed by the utility or other entity having such authority to impose any such charges. .