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. 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 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 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 Any 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, . 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 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 of New Eligible Customers 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 Opt-out deadline in the Opt out Opt-Out Notice as described in section 5.1. If the Any 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, . 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.