My Choice Energy (“MCE”) will supply natural gas to the account holder’s residence for heating and other purposes, subject to the
eligibility requirements of the local utility, and acceptance by MCE. MCE is a licensed supplier under the DTE/MichCon, Consumers
Energy, SEMCO Energy and Michigan Gas Utilities Customer Choice Programs (“CCP”), which are subject to ongoing jurisdiction
of the Michigan Public Service Commission (“MPSC”).
1. Utility Services. By signing this Agreement I am authorizing MCE to be my agent for purposes of supplying my natural gas requirements,
and to enroll me as a participant in the CCP with my Local Utility under the below stated terms and conditions, which I have read and agreed
to. As a participant in the CCP, 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 Agreement.
2. Terms and Agreement Renewals. Service will begin on the date set by your Local Utility and will continue in accordance with this
Agreement unless terminated earlier or extended as provided in this Agreement. MCE will mail a renewal offer 60 days prior to the Agreement
Term 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 Agreement.
3. Pricing. The price shall be a fixed rate as indicated on the front of this Agreement unless otherwise stated and in accordance with the terms
and conditions of this Agreement. After the primary term, if you do not cancel according to the Section 4, and you have not agreed to a new
fixed price and term, your Agreement with MCE will automatically renew on a month to month basis at then current market rates without
providing additional notification.
4. Early Termination Fee. Residential: You have the right to cancel this Agreement at anytime within 30 days of entering this Agreement
without penalty. If you cancel this Agreement after the 30 day grace period and prior to the Term Expiration date and your Term Expiration
date is one year or less from the date that it was signed, there will be an early termination fee of $50. If you Term Expiration date is more than
one year from the date you signed, then the termination fee is $100. 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. If you move, MCE
receives notification from your Local Utility and your contract is automatically terminated without penalty. If you move within the same
Local Utility service area, contact MCE to inquire about transferring the contract. You may cancel this Agreement without penalty if you are
beyond your Term Expiration 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 agreement.
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 Agreement. 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 Agreement for any reason or to cancel this Agreement if gas consumption does not reflect current home heating usage.
This Agreement and the welcome letter reflect MCE’s entire agreement 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 Agreement and MCE is not responsible for any such delays.
MCE may assign this Agreement to another supplier authorized by your local utility and the State of Michigan provided that MCE gives no less
than 30 days written notice and the assignee assumes all of the responsibilities and duties under this Agreement. 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; MGU 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
Agreement.
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