Public Alliance for Community Energy - ACE

This Agreement Regarding ACE WeatherShield^TM Bill (“Agreement”) sets forth the terms and conditions with respect to your ACE WeatherShield bill. You acknowledge that this document is a binding and enforceable contract and that it will become effective when you receive your first ACE WeatherShield bill. In this Agreement, you are referred to as “you” and “your”, and the Public Alliance for Community Energy is referred to as “ACE”.

Enrollment. When you accept the terms and conditions of ACE WeatherShield service by verbal or electronic acknowledgment, you sign up for the ACE WeatherShield fixed monthly bill option under the terms set forth in this Agreement. Under the ACE WeatherShield fixed monthly bill option, ACE agrees to sell to you and deliver to your local gas distribution company SourceGas Distribution LLC (hereinafter referred to as “SourceGas”), and you agree to purchase from ACE and receive from SourceGas, your full requirements of natural gas for the account for which you subscribed to the ACE WeatherShield Bill option (referred to herein as “Account”). SourceGas will deliver the natural gas to the Account and shall invoice and collect ACE’s charges. You and ACE agree to comply with all the requirements, terms and conditions of the SourceGas Nebraska Choice Gas program (hereinafter referred to as the “Choice Program”) as approved by the Nebraska Public Service Commission, as such terms and conditions may be modified from time to time. You acknowledge that if the Choice Program is terminated or changed in any manner, then ACE reserves the right to modify or cancel the terms and conditions of this Agreement upon 10 days written notice to you.

Monthly Bill Amount. Your monthly bill for all of your residential natural gas usage for the Account will be the amount confirmed to you at the time you subscribed to ACE WeatherShield service. Your monthly ACE WeatherShield bill amount includes all of the following charges, as defined in the applicable tariff: Supplier Commodity Charge, Customer Charge, Distribution Charge, and Tax and Franchise Fee. You acknowledge that in addition to the ACE WeatherShield bill amount you shall be responsible for paying any other service fees, connection charges, non-sufficient funds fees, or late fees assessed by SourceGas or other charges unrelated to the ACE WeatherShield program, including without limitation Customer Appliance Protection Program charges or those charges imposed under the applicable tariff provisions regarding “Charges for Miscellaneous Services”. The amount you will be required to pay for natural gas for ACE WeatherShield service during the term of this Agreement will not increase or decrease based on variations in weather conditions, changes in natural gas market prices, or changes in the rates charged by SourceGas. Your ACE WeatherShield monthly payment may change if there is a material change in your natural gas usage on your part, such as adding a room or a heated swimming pool, or discontinuing supplemental heat sources. You agree to provide ACE with advance notice of any such anticipated changes. ACE will provide written notice of the change in your monthly ACE WeatherShield bill amount and the reason therefor.

Term. This Agreement shall be in effect from the first day of the month for which you receive your first ACE WeatherShield bill under this Agreement through the immediately succeeding May 31, if you select the one-year ACE WeatherShield bill option (as a new subscriber or as a renewal). If you select the two-year ACE WeatherShield bill option (as a new subscriber or as a renewal), this Agreement shall be in effect from the first day of the month for which you receive your first ACE WeatherShield bill under this Agreement through the second succeeding May 31. The term is subject to Customer meeting all requirements to receive and continue receiving service under the Choice Program. If you are already an ACE WeatherShield subscriber when entering into this Agreement, the term of this Agreement will not begin until the previous ACE WeatherShield Agreement expires.

Billing. SourceGas’ billing and payment procedures shall apply in accordance with the applicable tariff, including but not limited to, SourceGas’ right to assess late payment fees. You will receive a bill from SourceGas for ACE WeatherShield service each month of the term of this Agreement. ACE reserves the right to bill for and collect any exit fees or penalties not collected by SourceGas. You agree to pay the amount shown on each bill on or before the due date and in the manner shown in each bill, plus any fees if any, on your balance. In addition, overdue amounts billed by ACE incur interest at the highest amount allowed by law plus any credit and collection costs incurred by ACE.

Exit Fee/Termination Charges. If you move out of the premise served hereunder during the Term of this Agreement, you will owe all outstanding billed ACE WeatherShield amounts plus an exit fee. If you subscribed to a multi-year ACE WeatherShield pricing option and you do not remain with ACE for the entire term, you will owe all outstanding billed ACE WeatherShield amounts plus an exit fee. The exit fee shall be $99.00. If you do not inform ACE of material changes in your natural gas use, ACE reserves the right to bill you, either directly or via SourceGas, for the exit fee plus the difference between the aggregate amount you were charged on your SourceGas bill for ACE WeatherShield service from inception through termination of this Agreement, and the cost of your actual consumption of gas at applicable market rates.

Default. You will be in default under this Agreement if any of the following events occur: (a) you do not comply with the payment terms or any other terms of this Agreement; (b) you move out during the term of this Agreement; or (c) you fail to inform ACE of material changes in your natural gas use. ACE has the right to terminate this Agreement in the event of default, without limiting ACE’s rights to payment due from you as provided above.

Questions or Errors. If you have questions regarding your ACE WeatherShield bill or believe there is a billing error, contact ACE at 800-454-4759 or 1111 O Street, Ste 200, Lincoln, NE 68508-3614. To dispute ACE WeatherShield amounts on your bill, you must put your dispute in writing to ACE at the address listed above within sixty (60) days of the date of the SourceGas bill on which the ACE WeatherShield error appeared, and provide the following information: (1) your name and account number; (2) the dollar amount of the suspected error; and (3) a description of why you believe there is an error. Disputes regarding amounts billed by SourceGas are also subject to the applicable SourceGas tariff.

Force Majeure. ACE shall be excused for performance under this Agreement for events of Force Majeure declared by ACE or SourceGas. For purposes of this Agreement, Force Majeure Events include the right of ACE to cancel this Agreement if material changes are made to the Choice Program. Force Majeure shall be defined as causes beyond the reasonable control of ACE and SourceGas. Events of Force Majeure shall include, but not be limited to, service interruptions of interstate and intrastate pipelines, unplanned distribution system maintenance, flooding and other acts of God or nature.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. ACE’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER. IN NO EVENT WILL ACE BE LIABLE UNDER THIS AGREEMENT, WHETHER IN AGREEMENT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES. ACE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OR COMMODITIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE.

Assignment. This Agreement may not be assigned or transferred by you, and any such transfer or assignment shall be void.

Notices. You must notify ACE promptly if you change your mailing address. All written notices and statements from ACE to you will be considered given when placed in the United States mail, postage prepaid, and addressed to you at your current address as it appears in the records ACE receives from SourceGas.

Other provisions. The services provided by ACE are governed by the terms and conditions of this Agreement and the SourceGas tariff. You acknowledge that you did not rely on any oral representations other than such as are reflected in writing herein. You agree that this Agreement shall be governed by and interpreted under the laws of the State of Nebraska. The provisions of this Agreement which by their nature are intended to survive termination or expiration will survive the termination or expiration of this Agreement. If any part of this Agreement is not valid, all other parts will remain enforceable.