Common use of NOTIFICATION TO NEW ELIGIBLE CONSUMERS OF OPT-OUT RIGHTS Clause in Contracts

NOTIFICATION TO NEW ELIGIBLE CONSUMERS OF OPT-OUT RIGHTS. Throughout the term of this agreement Competitive Supplier shall maintain a Master Opt Out File, described in Article 12, that includes accurate records of a) all consumers in the community that Opted Out after receiving an Opt Out notice but prior to enrollment and b) all consumers that left the program for any reason after they were enrolled in the program. Once each month, throughout the term of this agreement, Competitive Supplier shall obtain from the LDC an updated list of Eligible Consumers, hereinafter the Updated Eligible Consumer File. Once each month Competitive supplier shall create a Refresh Mailing List of New Eligible Consumers which shall include all consumers in the Updated Eligible Consumer File excluding only consumers listed in the Master Opt Out File. 1. If the New Eligible Consumer is in the largest industrial rate class, Competitive Supplier may contact such New Eligible Consumer and reasonably determine if such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year. If Competitive Supplier reasonably determines that such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year, such consumer shall be designated a “Very Large New Eligible Consumer.” Any New Eligible Consumer, other than a Very Large New Eligible Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, and shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Eligible Consumers, promptly after determining that a New Eligible Consumer is a Very Large New Eligible Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Eligible Consumer that accepts such market rate shall be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town of all market prices offered to Very Large Eligible New Eligible Consumers.

NOTIFICATION TO NEW ELIGIBLE CONSUMERS OF OPT-OUT RIGHTS. Throughout the term of this agreement Term Competitive Supplier shall maintain a Master Opt Out File, described in Article 12, that includes accurate records of a) all consumers in the community that Opted Out after receiving an Opt Out notice but prior to enrollment and b) all consumers that left the program for any reason after they were enrolled in the program. Once each month, throughout the term of this agreementTerm, Competitive Supplier shall obtain from the LDC an updated list of Eligible Consumers, hereinafter the Updated Eligible Consumer File. Once each month Competitive supplier shall create a Refresh Mailing List of New Eligible Consumers which shall include all consumers in the Updated Eligible Consumer File excluding only consumers listed in the Master Opt Out File.. In accordance with the requirements of all applicable Governmental Rules, Competitive Supplier shall notify such New Eligible Consumer that the Competitive Supplier will be providing All- Requirements Power Supply to such New Eligible Consumer, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, and the Program Opt-Out Notice. Competitive Supplier shall mail an Opt-Out Notice (as described in Article 5.1) to each such New Eligible Consumer listed in the Refresh Mailing List no later than thirty (30) days after the Service Commencement Date and then once every month for the balance of the term. Such New Eligible Consumers shall be 1. If the New Eligible Consumer is in the largest industrial rate class, Competitive Supplier may contact such New Eligible Consumer and reasonably determine if such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year. If Competitive Supplier reasonably determines that such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year, such consumer shall be designated a “Very Large New Eligible Consumer.” Any New Eligible Consumer, other than a Very Large New Eligible Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, and shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Eligible Consumers, promptly after determining that a New Eligible Consumer is a Very Large New Eligible Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Eligible Consumer that accepts such market rate shall be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town Municipality of all market prices offered to Very Large Eligible New Eligible Consumers.

NOTIFICATION TO NEW ELIGIBLE CONSUMERS OF OPT-OUT RIGHTS. Throughout the term of this agreement Competitive Supplier shall maintain a Master Opt Out File, described in Article 12, that includes accurate records of a) all consumers in the community that Opted Out after receiving an Opt Out notice but prior to enrollment and b) all consumers that left the program for any reason after they were enrolled in the program. Once each month, throughout the term of this agreement, Competitive Supplier shall obtain from the LDC an updated list of Eligible Consumers, hereinafter the Updated Eligible Consumer File. Once each month Competitive supplier shall create a Refresh Mailing List of New Eligible Consumers which shall include all consumers in the Updated Eligible Consumer File excluding only consumers listed in the Master Opt Out File. 1. In accordance with the requirements of all applicable Governmental Rules, Competitive Supplier shall notify such New Eligible Consumer that the Competitive Supplier will be providing All- Requirements Power Supply to such New Eligible Consumer, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, and the Program Opt-Out Notice. Competitive Supplier shall mail an Opt-Out Notice (as described in Article 5.1) to each such New Eligible Consumer listed in the Refresh Mailing List no later than thirty (30) days after the Service Commencement Date and then once every month for the balance of the term. Such New Eligible Consumers shall be automatically enrolled in the Program on the first meter read date following the Opt out deadline in the Opt out Notice as described in section 5.1. If the New Eligible Consumer is in the largest industrial rate class, Competitive Supplier may contact such New Eligible Consumer and reasonably determine if such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year. If Competitive Supplier reasonably determines that such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year, such consumer shall be designated a “Very Large New Eligible Consumer.” Any New Eligible Consumer, other than a Very Large New Eligible Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, and shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Eligible Consumers, promptly after determining that a New Eligible Consumer is a Very Large New Eligible Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Eligible Consumer that accepts such market rate shall be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town of all market prices offered to Very Large Eligible New Eligible Consumers.

NOTIFICATION TO NEW ELIGIBLE CONSUMERS OF OPT-OUT RIGHTS. Throughout the term of this agreement Competitive Supplier shall maintain a Master Opt Opt-Out File, described in Article 12, that includes accurate records of a) all consumers in the community that Opted Out after receiving an Opt Opt-Out notice but prior to enrollment and b) all consumers that left the program for any reason after they were enrolled in the program. Once each month, throughout Throughout the term of this agreementagreement as set forth in the schedule in Exhibit A, or otherwise as mutually agreed to by the Parties, Competitive Supplier shall obtain from the LDC an updated list of Eligible Consumers, hereinafter the Updated Eligible Consumer File. Once each month Competitive supplier shall create a Refresh Mailing List of New Eligible Consumers which shall include all consumers in the Updated Eligible Consumer File excluding only consumers listed in the Master Opt Opt-Out File. 1. If In accordance with the New Eligible Consumer is in the largest industrial rate classrequirements of all applicable Governmental Rules, Competitive Supplier may contact shall notify such New Eligible Consumer and reasonably determine if that the Competitive Supplier will be providing All- Requirements Power Supply to such New Eligible Consumer is expected Consumer, subject to consume more than 1,000,000 kWh per yearthe opt-out provisions of 1. If Competitive Supplier reasonably determines that such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year, such consumer shall be designated a “Very Large New Eligible Consumer.” Any New Eligible Consumer, other than a Very Large New Eligible Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, and shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Eligible Consumers, promptly after determining If Competitive Supplier reasonably determines that a such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year, such consumer shall be designated a “Very Large New Eligible Consumer, Competitive supplier shall quote ,” the Consumer will receive a price at then prevailing market ratesprice quote and will not have rights under this contract until the market price quote is accepted. Any Very Large New Eligible Consumer that accepts such market rate price quote shall be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town of all market prices offered to Very Large Consumers. Any Consumer in the G-3 or T-2 rate class that appears in the Updated Eligible New Eligible ConsumersConsumer File shall be assumed to be a Consumer that was previously supplied by a third party and shall be treated according to Article 5.3 unless there is documentation that the Consumer is a new customer of the LDC.

NOTIFICATION TO NEW ELIGIBLE CONSUMERS OF OPT-OUT RIGHTS. Throughout the term of this agreement Term Competitive Supplier shall maintain a Master Opt Out File, described in Article 12, that includes accurate records of a) all consumers in the community that Opted Out after receiving an Opt Out notice but prior to enrollment and b) all consumers that left the program for any reason after they were enrolled in the program. Once each month, throughout the term of this agreementTerm, Competitive Supplier shall obtain from the LDC an updated list of Eligible Consumers, hereinafter the Updated Eligible Consumer File. Once each month Competitive supplier shall create a Refresh Mailing List of New Eligible Consumers which shall include all consumers in the Updated Eligible Consumer File excluding only consumers listed in the Master Opt Out File. 1. If In accordance with the New Eligible Consumer is in the largest industrial rate classrequirements of all applicable Governmental Rules, Competitive Supplier may contact shall notify such New Eligible Consumer that the Competitive Supplier will be providing All- Requirements Power Supply to such New Eligible Consumer, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, and reasonably determine if the Program Opt-Out Notice. Competitive Supplier shall mail an Opt-Out Notice (as described in Article 5.1) to each such New Eligible Consumer is expected to consume more listed in the Refresh Mailing List no later than 1,000,000 kWh per yearthirty (30) days after the Service Commencement Date and then once every month for the balance of the term. If Competitive Supplier reasonably determines that such Such New Eligible Consumers shall be automatically enrolled in the Program on the first meter read date following the Opt out deadline in the Opt out Notice as described in section 5.1. Any New Eligible Consumer is expected to consume more than 1,000,000 kWh per year, such consumer shall be designated a “Very Large New Eligible Consumer.” Any New Eligible Consumer, other than a Very Large New Eligible Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, . Residential and Small Commercial consumers shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Eligible Consumers, promptly after determining that a New Eligible Consumer is a Very Large New Eligible Consumer, Competitive supplier shall quote a price All other consumers are entitled to receive supply at then prevailing market rates. Any Very Large New Eligible Consumer that accepts such market rate shall be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town Municipality of all market prices rates offered to Very Large Eligible New Eligible Consumers.

NOTIFICATION TO NEW ELIGIBLE CONSUMERS OF OPT-OUT RIGHTS. Throughout the term of this agreement Competitive Supplier shall maintain a Master Opt Out File, described in Article 12, that includes accurate records of a) all consumers in the community that Opted Out after receiving an Opt Out notice but prior to enrollment and b) all consumers that left the program for any reason after they were enrolled in the program. Once each month, throughout the term of this agreement, Competitive Supplier shall obtain from the LDC an updated list of Eligible Consumers, hereinafter the Updated Eligible Consumer File. Once each month Competitive supplier shall create a Refresh Mailing List of New Eligible Consumers which shall include all consumers in the Updated Eligible Consumer File excluding only consumers listed in the Master Opt Out File. 1. If the New Eligible Consumer is in the largest industrial rate class, Competitive Supplier may contact such New Eligible Consumer and reasonably determine if such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year. If Competitive Supplier reasonably determines that such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year, such consumer shall be designated a “Very Large New Eligible Consumer.” Any New Eligible Consumer, other than a Very Large New Eligible Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, and shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Eligible Consumers, promptly after determining that a New Eligible Consumer is a Very Large New Eligible Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Eligible Consumer that accepts such market rate shall be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town City of all market prices offered to Very Large Eligible New Eligible Consumers.

NOTIFICATION TO NEW ELIGIBLE CONSUMERS OF OPT-OUT RIGHTS. Throughout the term of this agreement Competitive Supplier shall maintain a Master Opt Out File, described in Article 12, that includes accurate records of a) all consumers in the community that Opted Out after receiving an Opt Out notice but prior to enrollment and b) all consumers that left the program for any reason after they were enrolled in the program. Once each month, throughout the term of this agreement, Competitive Supplier shall obtain from the LDC an updated list of Eligible Consumers, hereinafter the Updated Eligible Consumer File. Once each month Competitive supplier shall create a Refresh Mailing List of New Eligible Consumers which shall include all consumers in the Updated Eligible Consumer File excluding only consumers listed in the Master Opt Out File.. In accordance with the requirements of all applicable Governmental Rules, Competitive Supplier shall notify such New Eligible Consumer that the Competitive Supplier will be providing All- 1. If the New Eligible Consumer is in the largest industrial rate class, Competitive Supplier may contact such New Eligible Consumer and reasonably determine if such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year. If Competitive Supplier reasonably determines that such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year, such consumer shall be designated a “Very Large New Eligible Consumer.” Any New Eligible Consumer, other than a Very Large New Eligible Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, and shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Eligible Consumers, promptly after determining that a New Eligible Consumer is a Very Large New Eligible Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Eligible Consumer that accepts such market rate shall be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town of all market prices offered to Very Large Eligible New Eligible Consumers.

NOTIFICATION TO NEW ELIGIBLE CONSUMERS OF OPT-OUT RIGHTS. Throughout the term of this agreement Competitive Supplier shall maintain a Master Opt Out File, described in Article 12, that includes accurate records of a) all consumers in the community that Opted Out after receiving an Opt Out notice but prior to enrollment and b) all consumers that left the program for any reason after they were enrolled in the program. Once each month, throughout the term of this agreement, Competitive Supplier shall obtain from the LDC an updated list of Eligible Consumers, hereinafter the Updated Eligible Consumer File. Once each month Competitive supplier shall create a Refresh Mailing List of New Eligible Consumers which shall include all consumers in the Updated Eligible Consumer File excluding only consumers listed in the Master Opt Out File.. In accordance with the requirements of all applicable Governmental Rules, Competitive Supplier shall notify such New Eligible Consumer that the Competitive Supplier will be providing All- Requirements Power Supply to such New Eligible Consumer, subject to the opt-out provisions of the 1. If the New Eligible Consumer is in the largest industrial rate class, Competitive Supplier may contact such New Eligible Consumer and reasonably determine if such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year. If Competitive Supplier reasonably determines that such New Eligible Consumer is expected to consume more than 1,000,000 kWh per year, such consumer shall be designated a “Very Large New Eligible Consumer.” Any New Eligible Consumer, other than a Very Large New Eligible Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, and shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Eligible Consumers, promptly after determining that a New Eligible Consumer is a Very Large New Eligible Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Eligible Consumer that accepts such market rate shall be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town City of all market prices offered to Very Large Eligible New Eligible Consumers.

NOTIFICATION TO NEW ELIGIBLE CONSUMERS OF OPT-OUT RIGHTS. Throughout the term of this agreement Term Competitive Supplier shall maintain a Master Opt Out File, described in Article 12, that includes accurate records of a) all consumers in the community that Opted Out after receiving an Opt Out notice but prior to enrollment and b) all consumers that left the program for any reason after they were enrolled in the program. Once each month, throughout the term of this agreementTerm, Competitive Supplier shall obtain from the LDC an updated list of Eligible Consumers, hereinafter the Updated Eligible Consumer File. Once each month Competitive supplier shall create a Refresh Mailing List of New Eligible Consumers which shall include all consumers in the Updated Eligible Consumer File excluding only consumers listed in the Master Opt Out File. 1. If In accordance with the New Eligible Consumer is in the largest industrial rate classrequirements of all applicable Governmental Rules, Competitive Supplier may contact shall notify such New Eligible Consumer that the Competitive Supplier will be providing All- Requirements Power Supply to such New Eligible Consumer, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, and reasonably determine if the Program Opt-Out Notice. Competitive Supplier shall mail an Opt-Out Notice (as described in Article 5.1) to each such New Eligible Consumer is expected to consume more listed in the Refresh Mailing List of New Eligible Customers no later than 1,000,000 kWh per yearthirty (30) days after the Service Commencement Date and then once every month for the balance of the term. If Competitive Supplier reasonably determines that such Such New Eligible Consumers shall be automatically enrolled in the Program on the first meter read date following the Opt-out deadline in the Opt-Out Notice as described in section 5.1. Any New Eligible Consumer is expected to consume more than 1,000,000 kWh per year, such consumer shall be designated a “Very Large New Eligible Consumer.” Any New Eligible Consumer, other than a Very Large New Eligible Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, . Residential and Small Commercial consumers shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Eligible Consumers, promptly after determining that a New Eligible Consumer is a Very Large New Eligible Consumer, Competitive supplier shall quote a price All other consumers are entitled to receive supply at then prevailing market rates. Any Very Large New Eligible Consumer that accepts such market rate shall be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town Municipality of all market prices rates offered to Very Large Eligible New Eligible Consumers.