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CM-09-11-231Nov -25-2009 08:33 AM Constellation NewEnergy Inc. 713-652-5588 II/Ai/ZUU 11:44 FAA 5122187028 r CORR PURCHASING Pricing Schedule SCHEDULE A— FIXED PRICE SOLUTIONS PRICING SCHEDULE Customer: City of Round Rock Product Type: Fixed Price Solutions Supply Taft: See ESI ID Schedule Billing Type: Summary Sling Thimay immis. Schedule Dale:11/19/2009 Pea' •``" This Priding Sthetiule is entered tete pUtsuent io end In atcordenee oath the .�� Muter Agreement') executed On t~oi�staflsfzon HeY�'��Y� Inc, Master �trici�y Supply Mgr X1 5.2t98 behimen NsWEnergy Giid Cusietsr,ft i; subSect to all al the provisions, terms e d con bone dsu Ma ger t2raerrent. Noht tends 1g anything to the contra+, any tent ,between thrising Scttccltrle and the l tasterAgree ent'afig be resolve n favor of this Prickly Schedule. 'Capitalized terms used h but not defined 14,31 have the meanings given to thorn in the Master Areement. i Proposal ID: oo2/ 7 Constellation 911'1811 dt347oBoi43 pieduct faith he ,acripiiom fitewEnergy Y 1 provide electric powb the kooks) k)11 the NewEnergyE'iectricity Charge pis Pass Tiro gh Ctta�gss set einThe enemy ra,a does not h)olude arty Ugly Charges for disirbut en as es or 2ny appli bfe taxes or witcheries wry regard m the di 1ton or elecbtity. My such Derivety Chimes shay be the 501e mond& r No'wf�e��g�y WO provide the aQrr�Ityr o f electricity, as qty of C�+stam�er a� J�a��crleagy sltali have no (tab;trty literefor, • opp3sed to the transmission or dis1i button of eetriaiy. The NewEnergy Elecbfaj Charge, leh apples to Customer's usage vatthe Coffered Bandxtdth, is `fid' for the ex strip term of fhisA resment and only subject to a Bs a rewftof d Change in Law as described in lieMester Agreement. Neenergy reserves right to coVect any additional charges and costs incurred due to Crag's usage outside the Covered Berd%ridth, a9 described in Sebe PS23 and the Consumption Beyond Tolerances prolUtons of this Pricing Schede. The Pass Through Charges IA change during the existing farm of this Agreement if and es the related charges assessed nr charg44cl Nail nergy vary for any reason, including but not ttmtted to the types of changes dascrbed above. 1 NewEnergy Electricity Gneiss $0.0824O /kWh *Oa Kew!tnergy Etc-ty Chug includes the fotio.VVtg hems: Energy, ii a► %Ain tolerance bands, ERGOT sdrn tralive foes, unaccounted for energy, line loss charges, rertaw,able energy ocedt age, c, gosbon (int& -zonal), schedulingerecasting charges, Four Main Anaari&Arices, and Other Arm Services. 2, Pass Through Margo: Pubes Utty Grass Receipts asi ant, Velvety Charges, Texas, Errergancy intemtptible Load Service (EI charges LS) any costs associated i ith the 'Verne/Won of a Nodal Congedon Management System (as described under `Special Provisions' below) i tf la passed through without markup. ) Special Provisions: •• t Additional Pass Through Charges or erectile. FQr the purpose of thb'Nadal Congestion Management System' rte tha method, formulas andtor' equations used to deter ne chztges for conges byypERCOT in the ERCOT Protocoa ante the ERcor Nodal Rrote.eota are tr ptemonted. The riemnergy Elecirfoitt Charge does not include any costs associated K±Th the impfementatbn of a Nodal exeatetI Na eetson enei rtnett;Sysietn, 1f ERGOT implements a Node1 Congestion Management System after the date this Pricing y shall charge or credit Customer (� thio Caren a bet en the rear -tame Load Zone price and the red trading H Is ice represented by the trading Huh With the highest concsntrb5ori of 345 RV ti es In the (Opel el trading Hub Accounts are located far Account on a 16 Mute interval basis, muttpred by Customer's cnet�red usage �a� � Mere losses) or (i) such other int as reasonably determirned by NetvEitergy oorstitent Mb the Nodal Congestion Management far [rte bsses� or r) agement system. For each trading Hub, the 'concentration' shall be equal l0: (a) tha numb of 345 kV buses common to bath the applicable trail Hu the rarfgtnat Congestion Zorn divided by (b) the total number of 34;: kV buses In such tart and the Congestion Zone as It gelded on the date this Pricing herivlt: was executed. 9 Hub.� The 'original Congestion nand• shy to forth In the ERGOT Protocols s amended from tins to line. Any additional nugeso�ees� associnot at ed r the slta'l nava the Protocols, set Inctudii g without /imitation the Rerabl uy Unit Commitment or Make Whale Chars, aha'i ase be ted ti h .he ERCOT Nodal m , 9 passed through to Customer without tttsrkcrp. PSI. eertetra Qefini�n, The definitions in this Pricing :scheduia shaft replace and supersede the ERCOT SpeolfoTerms and any, In the Master Agreem definitions, !f '`Change In Lard Is defined ander tits Ch nae in taw section of the Mester lalectrigity Supply Agreement or the Master Retel Energy Agreement et Is a change Fn law. mricet structure, andtor Customer's ele�ncify needs or dasslfica3ans under the she Supply Agreement.rt faun Maty Supply CO WUXI rig kb rvtorrodt Cons tail iia li KvwFit; fir. ax. 1 ��- (M -11-Z3( 11/25/2009 WED 08:38 [TX/RX NO 6001) [0001 1/5 Nov -25-2009 08:33 AM Constellation NewEnergy Inc. 713-652-5588 11/23/2009 11:35 F,tXX 5122187028 CARR PURCHASING Pricing Schedule ! 003/007 ''Contact QUaMity" meads tha quantity of energy agreed is in any transaction With l'tevarnergy agrees to sell and deriver to Customer, and Mich to purchase and eccoptfrrn Nawenargy, "Covered Bandwidth" mans the'eetfineled mnmum monthly =go and rnexiinum monthly usage amounts for each Acouuntset In this Pricing Schedule. 'Delivery Point" for each Account means the congestion zore for such Account, as sat forth In this Pricing Schedule. 'Delivery Charges" include, btrt are not Ilm`tsd to: Trenn'sdon and Distn'btlton Charges, System Senef1t Fuad Charge, Nudes Decom:n7ssIoning Charge, Competitive Transition aarge, Standard Customer Metering Charge, Customer Charge, Merger SavT ngs and Rate Reduction Credit, Excess Mitattn Credit and Utlity Imposed Reactive Power Comes, alt as defined by the ERGOT Pnfacols or the TDSF twills, and any similar or related Chanes the TOSP may impose Wm time to time; as well as d non -routine deposits, iconnecdon fees, metering charges, installation costs or $imiar amounts that are assessed by artd payable to the HAP reta:,ed to tie prance and installation of egtipment necessary to calabash or mantet'1 electric service Whit ESi 1D, or other charges for moment or se es requested by Customer. 'Emergency interruptible Load S,ervic (EIS? is denned fir the ERCOT Pret000le as a speciS emergency serves used during an EECP Step 3 or 4 to raduoa Loaf and anis1 in malntsinlng or restoring ERGOT System frequency. "Energy' means elecfricenergy. "ERCOT" means 1hv Eiscirio Ref alt? y Council of Texas or any successor ISO. 'ERGOT Protocols" means the ERCOT Pmoloth that get forth Lha pnxedures and processes used by ERCOT end the ERCOT market perrdpants for the orderly tbnctfotrn of the ERCO ' wham and market. 1 E81 Mar means Electric 5artifoa Identifier as march term is defined by ERCOT. pour Main Ancillary Strvlces Means Regulation Service --Donn, Regulation &Mce -Up, Responsive Reserve.Sarvtrce and Nott-Spnnfng Reserve Service, elf as define; by the ERGOT Proud*. "Caverning Jurisdiction' means the State of Texas. lioldoYeritate acarus ((Metered yens + i na loss use) (the toe fghted average (weighted In accordance Wilt Cusbmer's zonal Metered usage) of ERCOpe apple zone Marko!.0 eering Price of Energy as posted on its websile + Uprrks + a NewEnergy adninistrarthre fee of S25/frIWn)) 4' Pfelvin Charges, Taxes and Replacement Risme Senate charges (as damned by the ERCOT Protocols) armd any simIlar char imposed by ERCOT on purchases of enm:r,Iy frau ERCOT's MCPE market, tidal wzl be pmsed through at c ost,)l. 'Late Payment Cheats" means 0.0% of the total daarsMovrd set forth on the imnica at dug all payable from Customer. "Market Clearing Price of Energy ("MCPS is the hlgheit price assoda;gd a conges};on zone for a settlement lanai for balancing energy deployed daring a settlement tater iraL Dusbmer ecknovAodgas that it undentlands that the MCPE varies every 15 mutes based eofety on met oonditkm and that NewEnsrgy mates no guarani**, representation or promise that pas! MOPE Feces sie indicative of future MCPE price& 'master Agreement' has the mewing given abate; prov;detl, however, Brat Me term Mater Agreement shall also refer to the existing agreement between NovEnargy 2nd Customer+� 4u -t ie(ft Is titled Electricity Supply Agreement or Master Retail Energy Supply Agreement ar the as. °Metered Usage' means, a the aggregae, 2Il actual 15-r b ute Wave! usage in the case of an Interval data recorder ('IDR') meter, ecd, in the case of o non -IDA meter. 15 minute Interval usage czleU1a,ed by epph fug the a ERCOT load prate to monthly summary usage. "Notice Period" means the 5 day,pedod fo!ovsng written notice from NewErergy to Customer Informing Customer of any & aunts dere ender t? Agreement 'Other Ancillary Services" means Reptmernenl Reserve taarce, Voltage Support, Bieck Start Service, Regebtfty Must•Run Sanrcae, Out of Merit pedty Serge , Out -Of -Merit EnergySer end ,ZonfMet Energy (Zonal COME) Service, at as defined by the ERCOT Prolocois, as well as charges forrea me revenue neutrality arocat'iorn, resource imbalance and local Wincing g energy(EE) ee,vi;a. 'Payment Date meads 45 days from the date of the unwise. "PUG7‘ moans Pubo Ututy Ce scion of Texas. °Remaining Anticipated Usage* means the amount of sled► ktiil), as dotorrrined by tha Nor -0efeulting Patty, that would have been used by each Account covered by thi esrmirnat'ca during the rcnuining term of this Agreement hod It not been te,'mrnaied early Remaining Term. In making this datiffralneon the Non -Default Party may (int is not requtfed to) consider (1) alcipated consistency with or deletions tram past electricity usage pstiem9, () inseams tet anL pated weather patterns, (a) general econornio oo n:Ions of car drtfons affecting the spccitc Indust/Oa) In which Customer women, andtorarty outer fact00$ rho f`kn-Defaut Pad deems appropriate. `rose° Transmission and Dlsiributfon Service Provider means art entity authorizedby 4cblae aistributioru Woes Min ERGOT. Law to prod s. ctncat transmission and "Uplifts' means chaff Newenergy is required by third parties to payor incur In order to serve Customer and ttterefpre asses through to Customer without markup, Including. but not' *Med to, Fot Main A ��Other Anciar y SeMes, ERGOT fees, PUCT CreditRequtremacis, Renewable EnergyC d Charge, ConeMian, Schedurn9/For9 Chata, unaccounted for energy and fine lass charges. P321 initial T. . With respect to.ea t Account set !DAN iireln. tate tetra of this Pelting Schedule shell commence at time Stat Date(s)' and end on the 'End Date(s),' both es specified herein, trios* extended upon the mutual v,r tten a teement of the Parties or as othoniitto provlded m th1 Pricing Schedule. NewEnergy use oanfrardally reasonable efforts to begs service to the Accounts on the Start Dae(*) sal forth herein in the Amount Schedule, but ti NewEnergy t$ unsbfre to caroti one or mare of the Accounts by such date as e result of ctrrxsrrstcnces beyond NevYEn s Coo rot gadging Customer's fatJure to notify the Utt�yy that It has selected NewEE lerQy es its supplier Of arty acts cr cmisz o+ms of the Ut1t), the Start Date IAdvi commence on the next regularly Wiead litany tete( read da 9 In tate month and Year tante soul enra`!ment of su ch Aocoun►(e), in this 206T AV rewilds 660:1040on thwL'nccyr, 2 11/25/2009 WED 08:38 [TX/RX NO 6001] a002 2/5 Nov -25-2009 08:33 AM Constellation NewEnergy Inc. 713-652-5588 1.4/ZO - gY 11:35 FAX 5122187028 CORR PURCHASING riA004/047 Prfcin. Schedule cratnsstattce, NewEnergy, in its;dtscret: n, will have the right, but not the ob#lgation, upon vvren notice to Customer to ex<$nd the End Date to ret'.ec Dm May in the star of Ne>, Sys$ supph' electricity b Customer. if Nsrit:nerrgy Is unable to mune* ser,/,ce v, thin 20 buanesa days of left Std Drags) set forth hewn In the Account Sheduie, Mammy wit have the right, in ha d�cretfon, to terminate th orptej a upon Mitten notice to Customer, is Pry Schedule ti4i rl4Cit pe PS2.2 [nvofalnoAnd Payment; Customer shall be teed for !Mounts due under ties Pricing Schedule the Master Agreement for each Acvcunt CUsforner shill maks pay tne� to the 1e0 �g address: Cons eVon NewEnergy, Ino„ by regular mai to P.4. &,x $40158, Dales, Tem 75284.015 or by ovetn'ghi mel to Attn: Bank of America Lockbox Service, Canstet;hdlort NinkiEnergy, iraQ Locbox 840159, 1401 Elm Street, P Fbor, Dallas, Ta 75202. Late payment charges rn v be Inckrded on a aubseq ern invoice and are payable on demand NewEnergy Taxa?. cyclo from time to the. Ctystorner �9Y r+�en�s �a tight to adjust ffia 6i'�r1g cyc from Mr-Energy %ithfine o n a��es NI Nev'Energ/a rblay to invoice Cus'oomer is deperx[ent on the UtEirs or ISO`s �blltyr to fumist� necessary Inform -1m in the absence of such inmotion, Nmtr_nerry Shall have the right to mvice Customer based on tJmaie mater reads or other egmatOd Information. Customer's ;nuc ce v fl bo sttd thenerd Wing �•g ter Mich NewEnerry receives the aoiv consums on amount and other necessary information from the Uti ty or ISO to recon. le any dfferenca betwtera estimated consumption and actual: consumption oc othuc matteers. P$2.3 Apt Variance: Early Termination Payment. Customer aelmovledo s that NowEn rgyr datemened the focal ltewE�ergy Elec'ikity Charge ca4�ctria n, in pmt 'Wed on t;ustornur`s h stony arr.1/nr estate mond prke �r eiectrtct{y far each Account. Co+'1segltohtfy, Ctlsto er agrees to boar an add el char usage and o ta)ed rata of consumption outside prion fa! Covered Bs?dth, including Hi! t limits!. y 91� �'�d oasts b Ne>,�fnargy ertSlr�g from, of Waling to, usage otit�'�e the �vn, circumstance* in %% Nth etecirio usage by one or mac Accoun.s declines lode Wangs [etas or camas' nitogehsr (for any reason outer than Force Majeure). If one or more of Customer's faces WO are r etvit electricity vacated, so'd, canao�a�d or oihen4� d ► 9 Suppe hereunder are dosed) res to the o4 '0 -`ed of, then Customer may. to ih extant permitted by appttc bre Law, termitate this Pricing Schedule oath, rresPend kg Accaurit(s) Upon 30 du KTittzn notice to Neve nervy, In wfrich evert Customer1 �yrmont to Nas�rtergy under th a FP aabe section of tib Atr�Artoneble may be Fable to make M carry termlrtat,cn 'bitten notice (bot in no event ieas�then 30 days by tscs nt'e or electronic ma before any s rot+cai a in tts to pro le hies J�etgi' prompt pion fer rerehing ear km weer this Pricing jeduIe, inctud n wr xwt l n3llebn Menges to a outageanticips, !ar usage a of y shukio for any changesin the operatng hours cis fadtt. $ equipment outages, pant or ia3� ty statrldar,;ts, or FS2.4 , sin customer, Acknowllig menta ate , (I) Customer boicnoi.%leciges and agrees drat (1) Nbi3nnergy is not as Customer's consultant or adv sot for any Purse, and Ciente: Mil rot conchal or, rely .on any fnfom provided or statements roods Net €nergy. In lud'ng Ih• out Gmn as to the advantages or dleadv r zages 8f any specific odwtt or st ce, by crani ether statements criniormno on, as soMoe or reprosentabory of any so and 2 Cu t p' i 'cnS about future energy Ata, analysis and the adSr;te of its own a3vt$ors, If any, and is �t� � �) �omej � 'making � cm decEstons beard solely upon its am yin on NewEnwgy In any way in making its dedsion to enter Tato Ns Pricing $chadu e or in malting ony other deo'sbn ortaang any other action vadat this P(tcng $ohediia. (banrepresents that demand dtaing any 12 month per(o'd Is greater than 6D gloat* and (2) thee,' ti r soppLe� Customer this Agreement Is not for residential its a ft. a peak PS25 NswEnerov anif_Util Contact In Dmiation. Casimir ma contact Nev,Ene Y gY regorging its invo5ce or other matters concerting this Agreement et Novaieses Customer Service Department bye toll-free telephone et 838-635-4827, via email at . corn, or at Consteltaion NewEnergy .Inc.,1221 Lamar Stmt, Syne 750, Houston, Terms TAW. CUS7OMERAf3REES TO CONTACT ITS UIIUTY IN THE ITT OFA POWER SAG! OR OTHER ELECTRICITY RELATED flefeRQENCYAT TH5FOLLOW/id TELEP`HONENLIMS Rs USary -e4 .7143 drew dace,* Caw Cur6.313�Idt (k rn&,IjT) U Electric Immo JEEP Texas HOW l• !twat ricks Scum SW313s562 85e -22345o3 sr/4734 853.561-7473 361,387-2511 Some 955 -Ca ''t 1 ess-E3meco P$2,6 D[:wren r Pursuant to PUCT regu'atiorm all retail clad& proZders ate armed to disconnect customers for non-payment contract Is in effect. Noblchstand[rtp anythir:o era tats Agreement to the contrary, C s: othe or i1 noet writer Customer's Agreeme,�!, Nc narg 'shat be evttitted to d cur ort Customer's Sentra for no ► � or no comma b the In addiron to Ute indent allowed by sett in Customer hods NeisEnergy harmless for any Irrtermptons or d phone of service Init$ated by the Th P.tCustomer shall reimburse herifne for any costs incurred by Newwfn or passed through to No E by the 7DSP for ra nstaterr�ent of se,vvice, �Y P62,7 Pi4t1Migs In tha event customer sed or oohenrlse disposes of a !atilt), to wb Cusmrrer may Strbstifbta another (dolly ('Substittute Facility') for the Orig1rcal Fern `Y 1, (a) the Substrgy supplies Energy ow ('d byC l Facility`), custom gives hewEne tYr. Rraridtd, the Substitute Faa�ity [s owned by Customer; �) �y (60) der odium wilten ncdce Cis intent to do so; (c) there is no Event of Detauth (tt) the substitution can ba male Oa the same day (or water, a reason$bta time trams to be determined solely by NowEneray); (e) NewEnergy can le Fact ; , and (0 the Subst►tute Fac ttIS, has similar load and usege profiles (to be dstermuned sole byNa Ener sir rr.p ar end sews the al Fe it Fealty. Should such eubsbtu Ion be made, the Serhstrte Peaty MU t) governed by this Agreement. Energy) compared to the peal Fea�ty. PS2•$ Mtigri. Custom has volultanly agreed th et ria Pi1CTa Customer Protection Rules, 16 TEX. ADMIN. CODE Subch apter R,25AT 1 ci (the'Gtrs,omet Prot 4n Rules'j, are w1 vett to the extent allowed by taw and shell. not apply to this Agreement. AFTER CQNSUll77NQ KITH AN go 24QTA2 rights fumed: Cau l: W++sort Mica -Aro In. 3 11/25/2009 WED 08:38 [TX/RX NO 6001) [2I003 3/5 Nov -25-2009 08:33 AM Constellation NewEnergy Inc. 713-652-5588 11/23/2009 11:88 FAX 8122187025 CORR PURCILASIh`C Pricing Schedule tM oas/ooh ATTORNEY OP GUSTOMHR'9.0WN SEt4OfON, CUSTOMER VOLitNTARILY WAIVES ITS RIGHTS. IF ANY, UNDER TRE TEXAS DECEPTIVE� TRADE PRAC lCE$.CON5t11, ER PROTECTION ACTS if ET SE4, TEXAS BUSINESS COMMERCE CODE FDTPA7, A LAW 7NAr GIVES CONSUMERS 3PA`CIALRIGHTS AND PROTECTIONS. ?S2.9 Paytpenta ta Certain Thlyd.Pat l t: Customer scknoviedges and understands that o RowEnergy is making a payment to CGP Solations, LW in connection with its efforts to faciltate Cuatomar end NewEnergy entering into this Agreemunl; and o the NewEnergy Electricity Charge reflex the tae paid to CGP Solutions, LLC • COP Soledns, LLC is acting on Customer'a behalf as Its representative and is all 8 representative or Mani of NewEnergy. o Customer should dine! any questions regarding such fee to CGP Solution, LLC Mistorner eilllno Address: City of Round Rock 221 East Main Street Accounts Payable Round Rock, TX 78684 Phone: 5122185455 Fax: 5122186442 ATTN: Cindy Savary Ernat Customer Notice Addreas: City of Round Rook -� 221 E Main Street Round Rock TX 78664 Phone: 5122185455 Fax: 5122187028 ATTN: Howard Baker Ensu: howardb • round-rock.tx.us 1 Constellation NewEner t�nymeniAddre s; Constellation NewEriergy, Inc. P.C. Box 840159 Dallas, TX 75284-0159 Phone: 1(888) 835.0827 Fax; (713) 222-7347 Email: pjakummeaconstellatfon.Oolrl Centel alien Nevrl:nstNotice Addresa: Constellation NewEnergy, Inc. 1221 Lamar St, Suite 750 Houston, Texas 77010 Phone: (713) 222-608o Fax 1-888432-9800 ATTN: Legal Department BDM: Bob Forman Pease return an executed copy of this Meng Schedule by Iicitmile !o liewEnergy st 1-x88.232.9800. A fully executed copy will be returned for your file. [CtYfRoundRock BY mo Ne: Tile: Data; 1 Constellation NewEnergy, in BY: MUM tile Hata: Mune Q tgy► shall have no obli allon #o enroll or supply c tectricty to any ecoovnt(s) that are not identified an theAocount Schedule below. Therefore, before you ergo, please verify that your aper llo Information is COMPLET5 and ACCURATE. Your re** and acceptance of Axle infOrmatIon Witt help endure eccurate future invoices, 10 2007 Ali ria},t refined: C i tIztton j rianor , tr.r- 4/5 11/25/2009 WED 08:38 [TX/RX NO 6001] a 004 Nov -25-2009 08:33 AM Constellation NewEnergy Inc. 713-652-5588 11/23/2000 11:36 FAX 3122157028 ESl IDAceourt Schedule: BEIM SSE I 1.t04t3M N911b1 Notes: 1. See *Geo') PS2-1 above. 2 As maybe updated or mplaced 'eh a neW oocotitrt rima r issued by tho 1ti ty, ISO or other entity for ale CLOYS tlabed 1W/cm 1W/cm2ddr es), 3.11 t$ the Irderli of the Parties far the sstpp(y of Energy to begin on er amt the Molded 1ldt h. unless off cycle dates are agreed the Peasthe current, teguleriy :�sdutsd mater read dales daces. to the Start Data and End Data referenced. me exact date OW sbbyegi ns under 'vit Agreement they Vary dependng an the day the IDS? maty reads the meter_ CORR PURCHASIXC 0O3/o,7 Service Addrees 311Rtn61sai431,R R4414iX rf Pr;citsg Sch dUio Supp Stott to rn Term End �r--� -]] f RBr1009 Congestion Zone Meter Type t o12 54 E'rt1<arwsnay — Voltage Contact Harnualurntber e I Ver."---" 5512215.5455 Conitef Quantities; Congestktnl Zone Calendar Month Zone Year 1 JAN r= r 11a a SWIN 2010 12;i1 0 c COM 2011 1.311 IOU e (kWh MAR APR 0 0 > • 1 2612 1,311 1.314 ;i552 114 1,333 MAY s t tme 1 a.S 1,2S7 Lasa ia�l JUN a 1,314 JUL AUG e t n1 t,�co 1,211 304 0 1.311 0 SEP 0 OCT NOV a 1st3 DEC 1,348 1,314 1,414 0 1,314 1 jf uta t3333 0 1 0 Mintntum and Me xJmum Tolerane* 3!. 10.00%/-1O.00%endar month I use Thi9 loistanoe band nut to be used to add end detate Accounts. Consumption ,, NeviTolerances: e NewEnergy E ty Charge ri(3 be spited to all Mitered Usage. If Metered Usage exceeds the 4y may � the kilning atrunto,f the reautt3ht number po ; (kWh h beyond Maximum Tolerate) (unaccounted for energy and fee losses) ffinel (Weighted Atet a ERCOT Yana! Rate for the a plyi �E11ec!►iaiy Charge fi'Acftlai U pQSc�bSe time por,� 'Vats f�$wEs�ryy, sige kr less. IXn m Tcderahce, Actual usage MI be diad at the **Energy Electricity Chugs:, Naviv.nergy may charge the fo ,;ng amounts Wthe rasuitent number is positive: MO under Wininum Tolerance v �d Ins ) (NewEnergy Et�iC ) l� ( r�naaevnted far energy ny Charge a�ghled Average E iCOT 77nel Rata). Replacement Reserve Service charges (as defined by Bo ERGOT Protocols) and anysimilar charges imposed bY ERCOT an purchases of energy frau ERCOrs MCPS market vi1ll ba passu through *bout rrakup, 'Weighted Averega ERCOT Zonal Rete' mews the weighted average (weighted in VCCOrtiariat With Customer's metal Metered Us a of ERCOT's zonal Mart Carrng Pdde of Energy, plus Upt , ) 0 2007 A11 t1/2/ds mend Cwislatairca Hauer ark►, late. 5 11/25/2009 WED 08:38 [TX/RX NO 6001] U005 5/5 Pricing Schedule SCHEDULE A — FIXED PRICE SOLUTIONS PRICING SCHEDULE Customer: City of Round Rock Product Type: Fixed Price Solutions Supply Term: See ESI ID Schedule Billing Type: Summary Billing Schedule Date: 11/19/2009 Constellation NewEnergy The e wa p er:6 gy works.. s' This Pricing Schedule is entered into pursuant to and in accordance with the Constellation NewEnergy, Inc. Master Electricity Supply Agreement ("Master Agreement") executed on April 25, 2008 between NewEnergy and Customer, and is subject to all of the provisions, terms and conditions of such Master Agreement. Notwithstanding anything to the contrary, any conflict between this Pricing Schedule and the Master Agreement will be resolved in favor of this Pricing Schedule. Capitalized terms used herein but not defined will have the meanings given to them in the Master Agreement. Proposal ID: 91118114647060143 Product Description: NewEnergy will provide electric power to the Account(s) for the NewEnergy Electricity Charge plus Pass Through Charges set forth herein. The energy rate does not include any Utility charges for distribution services or any applicable taxes or surcharges with regard to the distribution of electricity. Any such Delivery Charges shall be the sole financial responsibility of Customer and NewEnergy shall have no liability therefor. NewEnergy will provide the commodity of electricity, as opposed to the transmission or distribution of electricity. The NewEnergy Electricity Charge, which applies to Customer's usage within the Covered Bandwidth, is "fixed" for the existing term of this Agreement and only subject to change as a result of a Change in Law as described in the Master Agreement. NewEnergy reserves the right to collect any additional charges and costs incurred due to Customer's usage outside the Covered Bandwidth, as described in Section PS2.3 and the Consumption Beyond Tolerances provisions of this Pricing Schedule. The Pass Through Charges will change during the existing term of this Agreement if and as the related charges assessed or charged to NewEnergy vary for any reason, including but not limited to the types of changes described above. 1. NewEnergy Electricity Charge*. $0.08240 /kWh *The NewEnergy Electricity Charge includes the following items: Energy, imbalance within tolerance bands, ERCOT administrative fees, unaccounted for energy, line loss charges, renewable energy credit charge, congestion (inter -zonal), scheduling/forecasting charges, Four Main Ancillary Services, and Other Ancillary Services. 2. Pass Through Charges: Public Utility Gross Receipts assessment, Delivery Charges, Taxes, Emergency Interruptible Load Service (EILS) charges and any costs associated with the implementation of a Nodal Congestion Management System (as described under "Special Provisions" below) will be passed through without markup. Special Provisions: 1. Additional Pass Through Charges or Credits. For the purpose of this paragraph, "Nodal Congestion Management System" means the method, formulas and/or equations used to determine charges for congestion by ERCOT in the ERCOT Protocols once the ERCOT Nodal Protocols are implemented. The NewEnergy Electricity Charge does not include any costs associated with the implementation of a Nodal Congestion Management System. If ERCOT implements a Nodal Congestion Management System after the date this Pricing Schedule is executed, NewEnergy shall charge or credit Customer (i) the difference between the real-time Load Zone price and the real-time trading Hub price represented by the trading Hub with the highest concentration of 345 kV buses in the original Congestion Zone where Customer's Accounts are located for each Account on a 15 minute interval basis, multiplied by Customer's metered usage (adjusted for line losses) or (ii) such other amount as reasonably determined by NewEnergy consistent with the Nodal Congestion Management System. For each trading Hub, the "concentration" shall be equal to: (a) the number of 345 kV buses common to both the applicable trading Hub and the original Congestion Zone divided by (b) the total number of 345 kV buses in such trading Hub. The "original Congestion Zone" shall be the Congestion Zone as it existed on the date this Pricing Schedule was executed. Any term(s) not defined herein shall have the meaning set forth in the ERCOT Protocols as amended from time to time. Any additional charges or fees associated with the ERCOT Nodal Protocols, including without limitation the Reliability Unit Commitment or Make Whole Charge, shall also be passed through to Customer without mark-up. PS1. Certain Definitions. The definitions in this Pricing Schedule shall replace and supersede the ERCOT Specific Terms and definitions, if any, in the Master Agreement. "Change in Law" is defined under the Change in Law section of the Master Electricity Supply Agreement or the Master Retail Energy Supply Agreement or is a change in law, market structure, and/or Customer's electricity needs or classifications under the short form Electricity Supply Agreement. © 2007 All rights reserved: Constellation NewEnergy, Inc. 1 Pricing Schedule "Contract Quantity" means the quantity of Energy agreed to in any transaction which NewEnergy agrees to sell and deliver to Customer, and which Customer agrees to purchase and accept from NewEnergy. "Covered Bandwidth" means the estimated minimum monthly usage and maximum monthly usage amounts for each Account set forth in this Pricing Schedule. "Delivery Point" for each Account means the congestion zone for such Account, as set forth in this Pricing Schedule. "Delivery Charges" include, but are not limited to: Transmission and Distribution Charges, System Benefit Fund Charge, Nuclear Decommissioning Charge, Competitive Transition Charge, Standard Customer Metering Charge, Customer Charge, Merger Savings and Rate Reduction Credit, Excess Mitigation Credit and Utility Imposed Reactive Power Charges, all as defined by the ERCOT Protocols or the TDSP tariffs, and any similar or related charges the TDSP may impose from time to time; as well as all non -routine deposits, connection fees, metering charges, installation costs or similar amounts that are assessed by and payable to the TDSP related to the purchase and installation of equipment necessary to establish or maintain electric service at the ESI ID, or other charges for equipment or services requested by Customer. "Emergency Interruptible Load Service (EILS)" is defined in the ERCOT Protocols as a special emergency service used during an EECP Step 3 or 4 to reduce Load and assist in maintaining or restoring ERCOT System frequency. "Energy" means electric energy. "ERCOT" means the Electric Reliability Council of Texas or any successor ISO. "ERCOT Protocols" means the ERCOT Protocols that set forth the procedures and processes used by ERCOT and the ERCOT market participants for the orderly functioning of the ERCOT system and market. "ESI ID(s)" means Electric Service Identifier as such term is defined by ERCOT. "Four Main Ancillary Services" means Regulation Service — Down, Regulation Service — Up, Responsive Reserve Service and Non -Spinning Reserve Service, all as defined by the ERCOT Protocols. "Governing Jurisdiction" means the State of Texas. "Holdover Rate" means: [(Metered Usage + line loss usage) x (the weighted average (weighted in accordance with Customer's zonal Metered Usage) of ERCOT's applicable zonal Market Clearing Price of Energy as posted on its website + Uplifts + a NewEnergy administrative fee of $25/MWh)] + [(Delivery Charges, Taxes and Replacement Reserve Service charges (as defined by the ERCOT Protocols) and any similar charges imposed by ERCOT on purchases of energy from ERCOT's MCPE market, which will be passed through at cost)]. "Late Payment Charge" means 0.0% of the total dollar amount set forth on the invoice as due and payable from Customer. "Market Clearing Price of Energy" ("MCPE") is the highest price associated with a congestion zone for a settlement interval for balancing energy deployed during a settlement interval. Customer acknowledges that it understands that the MCPE varies every 15 minutes based solely on market conditions and that NewEnergy makes no guarantee, representation or promise that past MCPE prices are indicative of future MCPE prices. "Master Agreement" has the meaning given above; provided, however, that the term Master Agreement shall also refer to the existing agreement between NewEnergy and Customer, whether it is titled Electricity Supply Agreement or Master Retail Energy Supply Agreement or the like. "Metered Usage" means, in the aggregate, all actual 15 -minute interval usage in the case of an interval data recorder ("IDR") meter; and, in the case of a non -IDR meter, 15 minute interval usage calculated by applying the applicable ERCOT load profile to monthly summary usage. "Notice Period" means the 5 day period following written notice from NewEnergy to Customer informing Customer of any amounts due under this Agreement. "Other Ancillary Services" means Replacement Reserve Service, Voltage Support, Black Start Service, Reliability Must -Run Service, Out of Merit Capacity Service, Out -Of -Merit Energy Service and Zonal Out -of -Merit Energy (Zonal OOME) Service, all as defined by the ERCOT Protocols, as well as charges for real-time revenue neutrality allocation, resource imbalance and local balancing energy (BE) service. "Payment Date" means 45 days from the date of the invoice. "PUCT" means Public Utility Commission of Texas. "Remaining Anticipated Usage" means the amount of electricity (in kWh), as determined by the Non -Defaulting Party, that would have been used by each Account covered by the termination during the remaining term of this Agreement had it not been terminated early (the "Remaining Term"). In making this determination the Non -Defaulting Party may (but is not required to) consider: (i) anticipated consistency with or deviations from past electricity usage patterns, (ii) variations in anticipated weather patterns, (iii) general economic conditions or conditions affecting the specific industry(ies) in which Customer operates, and/or (iv) any other factors the Non -Defaulting Party deems appropriate. "TDSP" Transmission and Distribution Service Provider means an entity authorized by applicable Law to provide electrical transmission and distributions services within ERCOT. "Uplifts" means charges NewEnergy is required by third parties to pay or incur in order to serve Customer and therefore passes through to Customer without markup, including, but not limited to, Four Main Ancillary Services, Other Ancillary Services, ERCOT administrative fees, PUCT Credit Requirements, Renewable Energy Credit Charge, Congestion, Scheduling/Forecasting Charge, unaccounted for energy and line loss charges. PS2.1 Initial Term. With respect to each Account set forth herein, the term of this Pricing Schedule shall commence on the "Start Date(s)" and end on the "End Date(s)," both as specified herein, unless extended upon the mutual written agreement of the Parties or as otherwise provided in this Pricing Schedule. NewEnergy will use commercially reasonable efforts to begin service to the Accounts on the Start Date(s) set forth herein in the Account Schedule, but if NewEnergy is unable to enroll one or more of the Accounts by such date as a result of circumstances beyond NewEnergy's control (including Customer's failure to notify the Utility that it has selected NewEnergy as its supplier or any acts or omissions of the Utility), the Start Date will commence on the next regularly scheduled Utility meter read date in the month and year following successful enrollment of such Account(s). In this © 2007 All rights reserved: Constellation NewEnergy, Inc. 2 Pricing Schedule circumstance, NewEnergy, in its discretion, will have the right, but not the obligation, upon written notice to Customer to extend the End Date to reflect the delay in the start of NewEnergy's supplying electricity to Customer. If NewEnergy is unable to commence service within 20 business days of the Start Date(s) set forth herein in the Account Schedule, NewEnergy will have the right, in its discretion, to terminate this Pricing Schedule without penalty or prejudice upon written notice to Customer. PS2.2 Invoicing and Payment. Customer shall be billed for amounts due under this Pricing Schedule and the Master Agreement for each Account. Customer shall make payments to the following address: Constellation NewEnergy, Inc., by regular mail to P.O. Box 840159, Dallas, Texas 75284-0159 or by overnight mail to Attn: Bank of America Lockbox Service, Constellation NewEnergy, Inc. Lockbox 840159, 1401 Elm Street, 5th Floor, Dallas, Texas 75202. Late payment charges may be included on a subsequent invoice and are payable on demand. NewEnergy reserves the right to adjust its billing cycle from time to time. Customer acknowledges that NewEnergy's ability to invoice Customer is dependent on the Utility's or ISO's ability to fumish NewEnergy with all necessary information. In the absence of such information, NewEnergy shall have the right to invoice Customer based on estimated meter readings or other estimated information. Customer's invoice will be adjusted the next billing cycle after which NewEnergy receives the actual consumption amount and other necessary information from the Utility or ISO, to reconcile any difference between estimated consumption and actual consumption or other matters. PS2.3 Usage Variance; Early Termination Payment. Customer acknowledges that NewEnergy determined the fixed price for electricity for the NewEnergy Electricity Charge calculation, in part, based on Customer's historic and/or estimated monthly usage and metered rate of consumption for each Account. Consequently, Customer agrees to bear any additional charges and costs to NewEnergy arising from, or relating to, usage outside the Covered Bandwidth, including without limitation, circumstances in which electric usage by one or more Accounts declines to de minimis levels or ceases altogether (for any reason other than Force Majeure). If one or more of Customer's facilities which are receiving electricity supply hereunder are closed, vacated, sold, consolidated or otherwise disposed of, then Customer may, to the extent permitted by applicable Law, terminate this Pricing Schedule with respect to the corresponding Account(s) upon 30 days written notice to NewEnergy, in which event Customer may be liable to make an early termination payment to NewEnergy under the applicable section of the Master Agreement. Customer shall use reasonable efforts to provide NewEnergy prompt prior written notice (but in no event less than 30 days) by facsimile or electronic mail before any significant change in the anticipated usage of electricity for any facility receiving service under this Pricing Schedule, including without limitation changes due to equipment outages, plant or facility shutdowns, or changes in the operating hours of a facility. PS2.4 Certain Customer Acknowledgements and Warranties. (a) Customer acknowledges and agrees that (1) NewEnergy is not acting as Customer's consultant or advisor for any purpose, and Customer will not construe or rely on any information provided or statements made by NewEnergy, including without limitation as to the advantages or disadvantages of any specific product or service, predictions about future energy prices, or any other statements or information, as advice or representations of any sort; and (2) Customer is making its own decisions based solely upon its own analysis and the advice of its own advisors, if any, and is not relying on NewEnergy in any way in making its decision to enter into this Pricing Schedule or in making any other decision or taking any other action under this Pricing Schedule. (b) Customer warrants and represents that (1) its aggregate peak demand during any 12 month period is greater than 50 kilowatts; and (2) the electricity supplied under this Agreement is not for residential use. PS2.5 NewEnergy and Utility Contact Information. Customer may contact NewEnergy regarding its invoice or other matters conceming this Agreement at NewEnergy's Customer Service Department by toll-free telephone at 888-635-0827, via email at customercare@constellation.com, or at Constellation NewEnergy Inc., 1221 Lamar Street, Suite 750, Houston, Texas 77010. CUSTOMER AGREES TO CONTACT ITS UTILITY IN THE EVENT OFA POWER OUTAGE OR OTHER ELECTRICITY RELATED EMERGENCY AT THE FOLLOWING TELEPHONE NUMBERS: Utility Emergency Service CenterPoint 800-332-7143 Same Oncor Electric Delivery Company (formerly TXU Electric Delivery) 888-313 -4747 888-313-6862 AEP 866-223-8508 877-373-4858 Texas New Mexico Power 888-866-7456 Same Nueces 361-387-2581 Same Sharyland 956-668-9551 956-687-5600 PS2.6 Disconnection. Pursuant to PUCT regulations, all retail electric providers are allowed to disconnect customers for non-payment or if no service contract is in effect. Notwithstanding anything in this Agreement to the contrary, Customer acknowledges that in addition to the rights set forth in Customer's Agreement, NewEnergy shall be entitled to disconnect Customer's service for non-payment or no contract to the extent allowed by law. Customer holds NewEnergy harmless for any interruptions or disruptions of service initiated by the TDSP. Customer shall reimburse NewEnergy for any costs incurred by NewEnergy or passed through to NewEnergy by the TDSP for reinstatement of service. PS2.7 Substitution. In the event Customer sells or otherwise disposes of a facility to which NewEnergy supplies Energy ("Original Facility"), Customer may substitute another facility ("Substitute Facility") for the Original Facility; provided, (a) the Substitute Facility is owned by Customer; (b) Customer gives NewEnergy sixty (60) days advance written notice of its intent to do so; (c) there is no Event of Default; (d) the substitution can be made on the same day (or within a reasonable time frame to be determined solely by NewEnergy); (e) NewEnergy can legally supply and serve the Substitute Facility; and (f) the Substitute Facility has similar load and usage profiles (to be determined solely by New Energy) as compared to the Original Facility. Should such substitution be made, the Substitute Facility will be govemed by this Agreement. PS2.8 Waivers. Customer has voluntarily agreed that the PUCT's Customer Protection Rules, 16 TEX. ADMIN. CODE Subchapter R, §§25.471, et seq. (the "Customer Protection Rules"), are waived to the extent allowed by law and shall not apply to this Agreement. AFTER CONSULTING WITH AN © 2007 All rights reserved: Constellation NewEnergy, Inc. 3 Pricing Schedule ATTORNEY OF CUSTOMER'S OWN SELECTION, CUSTOMER VOLUNTARILY WAIVES ITS RIGHTS, IF ANY, UNDER THE TEXAS DECEPTIVE TRADE PRACTICES -CONSUMER PROTECTION ACT, §§ 17.41 ET SEQ., TEXAS BUSINESS & COMMERCE CODE ("DTPA"), A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. PS2.9 Payments to Certain Third -Parties: Customer acknowledges and understands that: o NewEnergy is making a payment to CGP Solutions, LLC in connection with its efforts to facilitate Customer and NewEnergy entering into this Agreement; and o the NewEnergy Electricity Charge reflects the fee paid to CGP Solutions, LLC o CGP Solutions, LLC is acting on Customer's behalf as its representative and is not a representative or agent of NewEnergy. o Customer should direct any questions regarding such fee to CGP Solutions, LLC Customer Billing Address: Constellation NewEnergy Payment Address: City of Round Rock Constellation NewEnergy, Inc. 221 East Main Street Accounts Payable P.O. Box 840159 Round Rock, TX 78664 Dallas, TX 75284-0159 Phone: 5122185455 Phone: 1 (888) 635-0827 Fax: 5122185442 Fax: (713) 222-7347 ATTN: Cindy Savary Email: customercare(constellation.com Email: BDM: Bob Forman Customer Notice Address: Constellation NewEnergy Notice Address: City of Round Rock Constellation NewEnergy, Inc. 221 E Main Street 1221 Lamar St. Suite 750 Round Rock TX 78664 Houston, Texas 77010 Phone: 5122185455 Phone: (713) 222-6080 Fax: 5122187028 Fax: 1-888-232-9800 ATTN: Howard Baker ATTN: Legal Department Email: howardb@round-rock.tx.us BDM: Bob Forman Please return an executed copy of this Pricing Schedule by facsimile to NewEnergy at 1-888-232-9800. A fully executed copy will be returned for your file. City of Round Rock By: Name: Title: Date: Constellation NewEnergy, Inc. By: Name: Title Date: NewEnergy shall have no obligation to enroll or supply electricity to any account(s) that are not identified on the Account Schedule below. Therefore, before you sign, please verify that your specific information is COMPLETE and ACCURATE. Your review and acceptance of this information will help ensure accurate future invoices. © 2007 All rights reserved: Constellation NewEnergy, Inc. 4 Pricing Schedule ESI ID Account Schedule 1 ESIID(s) ESI ID(2) Service Address Su y I Term Congestion Zone Meter Type Voltage E g cy Contact Name/Numbers Start Date(1) (3) End Date(1) (3) 1-10443720009992861 3311 Ranch Road 1431 Perm , Round Rock, TX 78664 11/26/2009 6/8/2012 SOUTH NON- IDR S Howard Baker 5122185455 Notes: 1. See section PS2.1 above. 2. As may be updated or replaced with a new account number issued by the Utility, ISO or other entity for the above listed service address(es). 3. It is the intent of the Parties for the supply of Energy to begin on or about the dates listed which, unless off cycle dates are agreed by the Parties, are the current, regularly scheduled meter read dates closest to the Start Date and End Date referenced. The exact date that supply begins under this Agreement may vary depending on the day the TDSP actually reads the meter. Contract Quantities: Congestion Zone Calendar Month Usage (kWh): Zone Year JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC SOUTH 2009 0 0 0 0 0 0 0 0 0 0 193 1,348 SOUTH 2010 1,294 1,314 1,314 1,352 1,298 1,314 1,331 1,300 1,314 1,314 1,333 1,348 SOUTH 2011 1,314 1,314 1,314 1,333 1,298 1,314 1,314 1,314 1,314 1,314 1,333 1,331 SOUTH 2012 1,314 1,365 1,297 1,333 1,314 304 0 0 0 0 0 0 Minimum and Maximum Tolerance: +l- 10.00% / -10.00%of calendar month zonal usage This tolerance band is not to be used to add and delete Accounts. Consumption Beyond Tolerances: The NewEnergy Electricity Charge will be applied to all Metered Usage. If Metered Usage exceeds the Maximum Tolerance, NewEnergy may charge the following amounts if the resultant number is positive: (kWh beyond Maximum Tolerance) Imus (unaccounted for energy and line losses) times (Weighted Average ERCOT Zonal Rate for the applicable time period minus NewEnergy Electricity Charge). If Actual Usage is less than Minimum Tolerance, Actual Usage will be charged at the NewEnergy Electricity Charge;Imus, NewEnergy may charge the following amounts if the resultant number is positive: (kWh under Minimum Tolerance) (unaccounted for energy and line losses) times (NewEnergy Electricity Charge minus Weighted Average ERCOT Zonal Rate). Replacement Reserve Service charges (as defined by the ERCOT Protocols) and any similar charges imposed by ERCOT on purchases of energy from ERCOT's MCPE market will be passed through without markup. "Weighted Average ERCOT Zonal Rate" means the weighted average (weighted in accordance with Customer's zonal Metered Usage) of ERCOT's Zonal Market Clearing Price of Energy, plus Uplifts. © 2007 All rights reserved: Constellation NewEnergy, Inc. 5 Constellation NewEnergy ererqy WerkS. Constellation NewEnergy Tax Exemption Certificate PUCT Certificate # 10014 The undersigned hereby claims exemption from payment of taxes under V.T.C.A. Tax Code, Title 2, Subchapter 151 for the purchase of electrical energy described below or on an attached order or invoice which is made a part hereof, and will be purchased from Constellation NewEnergy. PLEASE MARK THE REASON FOR CLAIMING THIS EXEMPTION BELOW. Residential use (100%) by an individual. Specify (e.g. house, apartment, nursing home) Residential use by an apartment owner/manager of electricity used less than 100% , but more than 50%, in a multi -dwelling unit. (If more than one address qualifies, attach list). Cotton Gin — Electricity used less than 100%, but more than 50%, for processing in a cotton gin. Purchase by exempt organization that has or could obtain a letter of exemption from the State Comptroller. Specify type Electricity used 100% in exploring for, production or transportation of material extracted from the earth. Agricultural — Electricity used 100% in dairy or poultry operation or pumping water for farm and ranch irrigation. Electrical Processes — Electricity used 100% in electroplating, electrolysis, or cathodic protection. Rolling stock — Electricity used 100% in operation of locomotives and trains. Direct pay tax permit — Permit number Resale — Electricity purchased for resale — Sales tax permit number . Name of State, if not Texas Manufacturing — Electricity used 100% in powering exempt manufacturing equipment and/or in lighting, cooling or heating a manufacturing area during the actual manufacturing of tangible personal property for sale. Predominant Use — Electricity used less than 100%, but more than 50% in processing, manufacturing, fabricating, or other noncommercial use. Other — Specify reason COMPLETE THE FOLLOWING ONLY IF YOU CHECK PREDOMINANT USE ABOVE * 1 A valid and complete study has been performed which shows that % of electricity is for processing tangible personal property for sale in the regular course of business OR another nontaxable purpose (specify) * No Utility Study is required if customer declares above that Tess than 100% but more than 50% of the electricity is used for residential purposes in an apartment complex or for processing in a cotton gin. 2. Affix seal of registered engineer here OR complete the following: having an engineering degree from an accredited engineering college, certify the accuracy of the above-mentioned Utility Study. Signature of Engineer Date Signed I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the Tax Code: Limited Sales, Excise, and Use Tax Act; Municipal Sales and Use Tax Act; Sales and Use Taxes for Special Purpose Taxing Authorities; County Sales and Use Tax Act; County Health Services Sales and Use Tax; The Texas Health and Safety Code; Special Provisions Relating to Hospital Districts, Emergency Services Districts, and Emergency Services Districts in counties with a population of 125,000 or less. The tax will be based on the price paid for the electricity service. I also agree to allow Constellation NewEnergy to credit Sales Tax refunds on a future bill, if required. I understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that I know, at the time of purchase, will be used in a manner other than that expressed in this certificate and, depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree. If Resale is claimed, I certify that the purchaser is engaged in the business of selling electricity. COMPANY NA ME: edc-te- NAME (Please p rint) jAmes 74usei P • DATE: (1* to' SIGNED BY: SERVICE AC • NT NUMBER(S) (list all applicable account numbers by attaching a separate list if necessary) SERVICE ADDRESS(ES): CUSTOMER NAME ON ACCOUNT: (attach separate list if necessary) (If signed by agent or other representative, a Power of Attorney must be included.) E-mail the completed form to Cu5tomerCarett7ConStellatiOn.Com or fax to the Customer Care Department at (877) 243-4968.