My Choice Energy (“MCE”) will supply natural gas to the account holder’s place of business for heating and/or processing, subject to the
eligibility requirements of the local utility, and acceptance by MCE. MCE is a licensed supplier by the Michigan Public Service Commission
(“MPSC”) under the DTE/MichCon, Consumers Energy, Michigan Gas Utilities and SEMCO Energy (Local Utility) Gas Customer Choice
Programs (“GCC”).
1. Utility Services. By signing this Contract I am authorizing MCE to be my agent for purposes of supplying my natural gas requirements (Small
Commercial – up to 500 Mcf usage aggregated annually or Large Commercial – greater than 500 Mcf usage aggregated annually), and to enroll me as a
participant in the GCC program with my Local Utility under the below stated terms and conditions, which I have read and agreed to. As a participant in the
GCC, your Local Utility will continue to deliver your natural gas, read your meter(s), determine your gas usage, mail your bill(s) and provide traditional
utility services. You will continue to call your Local Utility in the event of an emergency or service outage. The telephone number is listed on your bill and in
Section 7 of this Contract.
2. Terms and Contract Renewals. Service will begin on the date set by your Local Utility and will continue in accordance with this Contract unless
terminated earlier or extended as provided in this Contract. MCE will mail a renewal offer 60 days prior to the Contract expiration date. If MCE does not
hear back from you, MCE will continue to supply your natural gas month to month after the initial Term Expiration date stated on the front of this Contract.
3. Pricing. The price shall be a fixed rate as indicated on the front of this Contract unless otherwise stated and in accordance with the terms and conditions of
this Supply Contract. After the initial term, if you do not cancel according to the Section 4, your Contract with MCE will automatically renew on a month to
month basis at then current market rates without providing additional notification.
4. Early Termination Fee. a) Small Commercial: You have the right to cancel this Contract at anytime within 30 days of entering this Contract without
penalty if your aggregated annual consumption is 5000 ccfs or less (500 Mcf) . If you cancel this Contract after the 30 day grace period and prior to the Term
Expiration date and your Tem Expiration Date is one year or less from the date you signed, there will be a termination fee of $150. If your Term Expiration
date is more than one year from the date you signed, then the termination fee will be $250. Once you have cancelled with MCE, the end date will be
determined by your Local Utility and could result in MCE remaining your supplier for one to two more billing cycles after cancellation. You may cancel this
Contract without penalty if your account is beyond the initial Term Expiration date and under a Month-to-Month contract. The exercise of this right by you
may occur through either verbal or written communication to MCE by using the telephone number or address on the front of this Contract b) Large
Commercial: You have the right to cancel this Contract at anytime within 14 days of entering this Contract without penalty if your aggregated annual
consumption is greater than 5000 ccfs (500 Mcf), unless you have accepted a fixed price fixed term (greater than one month) Contract, in which case you have
waived this right. If you cancel this Contract at anytime under a fixed price/fixed term Contract, then you may be subject to an early termination fee. Once
you have cancelled with MCE, the end date will be determined by your Local Utility and could result in MCE remaining your supplier for one to two more
billing cycles after cancellation. You may cancel this Contract without penalty if your account is beyond the initial Term Expiration date and under a Month-
to-Month contract. The exercise of this right by you may occur through either verbal or written communication to MCE by using the telephone number or
address on the front of this Contract.
5. Payment and Billing. Your Local Utility will continue to send you a single bill covering the utility’s distribution and monthly service charge as well as
MCE’s supply charge. MCE’s supply charge only REPLACES the supply charge previously charged by your Local Utility. The total MCE supply charges for
the applicable billing period is the amount of gas you consumed during the billing period multiplied by the Fixed Price agreed to on the front of this Contract.
The MCE supply price does not include any sales or gross receipts tax. You agree to continue to pay your Local Utility for the entire gas bill under your
utility’s payment terms and conditions. For any billing disputes regarding volumes or metering, please contact your Local Utility. For other questions
regarding gas pricing only, contact MCE at 888-505-9104.
6. Miscellaneous. You must notify MCE promptly of any material changes in gas consumption after your initial enrollment. MCE may choose not to accept
this Contract for any reason or to cancel this Contract if gas consumption does not reflect current home or business heating usage. This Contract and the
welcome letter reflect MCE’s entire Contract and supersede any oral or written statements made in the connection with your gas supply. There may be delays
in commencing gas service under this Contract and MCE is not responsible for any such delays. MCE may assign this Contract to another supplier authorized
by your local utility and the MPSC provided that MCE gives no less than 30 days written notice and the assignee assumes all of the responsibilities and duties
under this Contract. Any notice required shall be deemed to have been made if delivered by mail to the appropriate party. Neither account information nor any
other confidential information will be released to an unauthorized third-party without written consent.
7. Emergency Service. In the event of an emergency or service outage, customers must call their local utility at the telephone number listed: Consumers
Energy 1-800-477-5050; DTE/MichCon 1-800-477-4747 or 1800-947-5000; SEMCO Energy 1-888-427-1427; Michigan Gas Utilities 1-800-401-6451
8. Liability. Liabilities not excused by reason of force majeure or otherwise shall be limited to direct actual damages. Neither party will be liable to the
other for consequential, incidental, punitive, exemplary or indirect damages. These limitations apply without regard to the cause of the liability or damage,
except otherwise provided under the provision of PA 634 of 2002. There are no third party beneficiaries to this Contract.
9. Customer Care Service. Questions and concerns about gas supply should be directed to the MCE Customer Care Center from 9:00 am until 5:00 pm
Monday through Friday excluding holidays at 1-888-505-9104 or send a letter to 6034 King Rd., Marine City, MI 48039. You may email your inquiry to
mychoice@fosteroil.com. MCE will refer all complaints to a representative who will acknowledge them promptly and work out a mutually satisfactory
resolution. Questions or disputes not resolved may be referred to the MPSC at http://www.michigan.gov/mpsc or 1-800-292-9555 to assist in the resolution of
disputes.