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CM-09-11-232Nov -25-2009 07:52 AM Constellation NewEnergy Inc. 713-652-5588 j=. �,. . ■ •aaa. a/L. 0141.1.0/11740 mat 1'URCHASI? pricing Schedule H?DUI.E A— AXED PRICE SOLUT]ONS PRICING SCHIrDULE Customer City of Round Rock Pro ductTyp o: I-bced Price Solutions StppIy Torm: See ESI ID Schedule BIIlirrg Type; Summary Billing Schedule Date:1111W2009 it 002 Constqllation Ne Energy Thy,,art W VAgiss,lis04 rre This Pricing Schedule is entered into puts:lant to sod orda-ice tttbYiha Constetattort Ntrrine:gy, Me. Masbr 11elricFty Supp?y Agreement (*faster Agreement') executed on ,Aril 25.2008 between NewEnergy and Custom:, and Is sub ect to di of the prcrisione, terms asd condlIons o such Manger Agceorram. Notwithstanding ding anytt,ing to tits contrary, any conti':t between this Prising Schedule and the Mastardgreemen! Wil be re * in favor of his pridng Schedule. Capitalized terms used harem but not der ned volt have me meanings geiverc to them In the Master Ag roman!. LL121; FIWI;571415732447238 PrOthrot pesulptton: NewEnergy vide. eyrie p0wsr to the Accougt(g fo{ the Newer EJe ici Ch torth Wain.� �$Y tY Charge plug Pala Through Charges sot Tho errtsgy ta`,s does riotinaiida any Witty charges for d'striibution scrviees or any 'arable taxes or surcharges nfth regard to the dist ut an of e&er rich j�y. Any such Delv,ery Charges si be the solo f src'al respttneb-T,ty of Cus.omar and Nev Energy shat have no lteb3ity 0;8/abr. Neis,_nerry WO provide the c Mmodity ole ele.ttricity, Ss opposed to the transrrkskcr or clistribulkin of Bestirs . The 'ty.NsfrrEtisrr %'4iiich app is Customers usage,within the Covered Bend dth, Is'%cad' (o! the existingterm of .rY Electricity a t of H C' tills Agreement and only Stlb�4Ct t� change as a result of a:o in Law a9 describe m the Master Agreement. Ne•� ,ergy.resrves the.right to caret any additional charges and costs incurred due to Csage autOde the Covered Bandwidth, as described in Section PS2S and ConsurrfIbon Beyond Tolerances prori+ions of this PriWlIg Schedule. Ths Paas Through Charges wit chlinga during the eating term of this Agreement if kid as the related charges assessed or charged to NtrirEneivi wary for filly ma*, indudi g but not Trnii£d to the types of changes desc ibed shoo. 1. NewEnergyEkatrleity Charge: $0.08244 !kWh the NeviLnefur Qatis: ity Char, a f'udail the follomrrtg iierns: Energia irr a1ance %#thin !pleat= bands. ERCOT edmini bra`Jve fees, unmounted for energy, line lass chars, renewable ergy edt charge, congestion Memorial), schedulingiforecosffna charges, Four Main Ancwlary Services, and Other Ancilary Services, 2. Pass Through Charges: Pubic Unity Gross Receipts assessment, DaDtery Chews, Taxes, Emarger y Inlorruptibls toad Swdca (El LS) charges sod ay casts assod'dted vAli the f rtp,emcntatlorr of s Nodes Congestion Management System (as described under 'Special Pro ons' below) vg be pemd through Lv'.tltc►ut markup. Special Provisions; - 1. Addldor al Pass Through Charges or Credits. For this purpose of this psrayrephh, `Nodaa•Congestlon Management System' means the method, formasand/or aqualions vend to d iemi�ne densest kr oongeskin by ERGOT h Ole ERCOT Protocols once the ERGOT Nodal Protocols ere Implemented. Thhe Nara►Frergy Elecrikity Ohne does not include say costs associated > the irnplernRr tefan of H Node/ corhgestlon Mzegement eistem. If ERGOT 1mi:temente a nodal Gongesbort Caen . executed, NewEnergy shall chugs or credit Customer (1) the riffsnc5 L,at e n the tea t Load r the day Pricing Lr d ig H fb F� reputed by the trading Hub vfth the b ori� � and the reeking tredng Hub Accounts are boated for e�h Account on a 15 rein erwal baste multiplied by Cue omegametered congestion Zone Mara &Moor(') such other =wilt a9 teagonaify deterrniri�ed by NeWEocrgy consisten t 1'iih the Nodal Ctmgostron Management (S ratam. for I+re &mos) or For each tieding HA the'concentratton' shall be equzd to. (a) the number of 3335 W buses common to both the epplicab s tradiv Hub artd II original Congestkn Zone chided by (b) Ma berm Minter of 345 W bvsesln such Inking Hub. The 'original Congestion Zone'she3 bo the Ct*gestion Zone as it existed on the date the Pricing module Was executed. Any t0ttr (s) not defined herein 4.hat1 have thesat forth tote ERGOT Pro cots as amended from time to fare. Any additional charges or fees associated v�'t i the ERGOT Nodal Pyr Lois, boluding tifatrt ranitatlohi the RerrabWly Unit Commitment or Make Mae Charge, ahal t be passed through to Customer Kithout markup. P84. reirtgaiftkat. The definitions In this Pricing eche tuIe shall replace and supersede the ERCOT Specific( Terms end detinif;ans, it anys fit the Molter Agreer hent. 'Change in Lays" is defined under the Change in Law section of the Master Eiac i ' Supply Agreement or is a change In !aril, market structure, a� d ar customer's electricity needs or Ic tbns under true short forrrn hllsttd Supplyp Agresnunt. ciy► el 7007 /10/fts t rrsd: Leets klk Noun ugy, rnc. 1 11/25/2009 WED 07:58 [TX/RX NO 6000] 04001 1/5 Nov -25-2009 07:52 AM Constellation NewEnergy Inc. 713-652-5588 dosiimom • ip. vLw '+vtut t'UxCUASINC l ultra Pikin9 Scl11 4 uie ' °Contract Quantity` mesas the qu2nUty of Easy agreed to in any transaction v�htch Neeene Customer agrees to purchase et accept from NtekEnergy. r8Y agneas to sett and der to Cusrortcer, and ti• •Caved Bandwidth° ;regent the es5matsd minimum rnenagy usage and maximum morally usage &ncunds for each Av oun►t set loge the Prf Schedule. Delivery Point` for each Aunt mans the cormestlon zona lorsuctr Account, as set forth in this Pricing Schedule. `Delivery Chan° include, but are not kited to: Transrhsiorr aid Dletribuffoo Chs Charge, Corre stet Traes'tiot! Charge, Standard Customer Metering q Charre, Cuetorn Charge, Merger Savintm Benefit gs d Charge, to Reduction Credit, xcq Mitelien Credit arid Unty ten sed:Reacdve Power Chargea, et 83 deleted the ERCOT pro: . �' osis or the TOSP tags, acrd anyr smear 'relatEd charges the TDSP may impose from the to erne; e8 mil es, ell norr•tatr rte deposits, connectlen fees, metering charges, favorite that d� assessed by end Pis to the �'ElSF related to t3Te F+r�t and '� � lnaierli:d3on costs ar atrn��r service at the ESI ID, or other Oterr es for eQ y Customer. test at cf equ�pmertt hdte*.sary to estate o� mafntaitr slec c 'Emergency interruptible Load Service {Etl� Side#rim i they �tacvCs ase to reduce Load end asst in menthe arras nfrequency. s ae enKgancy i ce use during an EEGP �e i7. � to ng ERCOT �`ystQm� � can 't ns eleclrioenergy. °ERGOT" means the Electric Realty Cot>1 of Texe"a of eery suc essor ISO. ''ERGOT Protocols° means the ERCOT Protocols that set foedi the °►erasures and processes used by ERCOT arxj the ERCOT market participants orderly itsncew:rig at the ERCOT system acrd meeicel P parts %� °E8! moo miens Melia Servlee IdentiSar as socio barnialterined by ERCOT, IT our Mein AfuaUsry Swot -el means Regula on Service — Down, Regulation Service — h p, Resperelvv Reserve Service acrd Non k j R Service, alas deigned by the ERCOT Protocefs. P g es�wtl geoverning Jurisdiction° means IN) Stale o; Texas, 'Holdover Rata' means: ((Hoisted asap + line lots usage) x (the weighted+ter e ai 1`RCGT$ +��e Zonal Menet Cloariryg Price of Energy vet e8 (weighted in accordance �,'� Cvs.�met's zonal Metered Usage) °erred on Re WOOD t Ups + a NewEnergy 0;14N/al :a fee of 525/1„; Irh)j Pato' charge*, Taxis end :Replacement Reserve Service chum {as Wined by lei ERCOT Praxes) and an similar ch ERCOT on purchases of energy from ERCOT's MOPE me;ket+Y�' ch be y E;s irrpoeed tete p m ant Cb passed through at cost�j. Charge' means D.Oi; of the total dctleramount set forth on the lntv►co as due and payablo iron) Cvatorner. "Market tinting Pace of EnsipSr" t°MCpE'j k the highgat prig e ' deployedduring a sett ent interval. Customer scwto gee the; h odea cads Ora congestion pE varies every for i15ment ut sr ba for soism energyet cord n9 and that f►+ tgymakes no guarantee re ► macules erred solely on market "fdeaier Agraomea1° fCaa the n-,,ranr given above; tit► et �it31!'�iSA that Raaf htCPE *es e,� frxfit�atRra of Miura 63CPE pis. bMuelr ISiasreom Q ' ' padded, hov►sitet, that the term Masser Agreemurrrt aha'1 Asa refer to the 'gy an Customer, Melee It is tited�Elect* {y Supply Agreement of Master Rett Ere exIstthg egr men# "Metered Ueeg�" mea -,6, in �e 0ggregtp, al scttraf 18.mtn�ie [dental� P� Agreement or the Imo. 8 noMDR man; 15 rthuile intervj uta eatc hated t .n uge; in. lice case else interval data ieoorder�lpR'j nerve; and, in the Case o! "Naga Per11Qd" means the 6 by PA � 9 app�a� ERCOT lead Probe to monthly sccrr:macy wase. ApreernenL fo g whiten no from hev; r}engy to Customer �+rommbg Customer of any amounts due colder tF mer Ancillary Ssrvlcestr means Frerve � Out of Merit Cepa* Senr;�, Otr:.pif,'ie� Ener Svrvke end mal Out Morn Energy Super Bieck Steri Ser�r%e, ft�a �YY rgy moral' QOI.1E) Service, all as denied es ERCOT Service, rom tocols, ss we7 cholla for reakime revue neuriy es , roourps Wearer= and kcal ba as 'Payment Date' !MIS 4S days from the date of the Invoke. ° energy {8E) sem, eretlCT" means pubic led4 Gomel:L*1r of Texas. `Rematnln8 Atttlsipetad U3sgemeens the amount of stactrki tY tie hr kVA ), es determined by the Non -Default tg Party, that wou'pl have been used by each Account covered b'1 the termination during the � A re�Tnin term o making ties determ53ption the NQS-Defautd P g t` 9nt had 11 rot bear�tPmen4.8d sally (the Remaining Term?. In � m y (wt is not required to) co der: 0) cnpated consistency with or &Mat ons from past electricity usage pattems, uagations fn acrio'pa;ed ~rather pattems, � general =male cond�cns or ld+doers affecting ;n vAh Cuatomsrc (Iv) any otter factors the Non-Defeuiti g Partys deems the =i' try�as� pestes moi, appropriate. "1'DSP" itansmissl� and Distribution Service ProvkiEr means arc en�ty authorized by � deter/eons services within RCOt. ix�b Law to provide electrical iransmissb:r and °Uplifts° means charges Na €ner r is �urrsd by third parr* to pay or Incur In order to serve hoL t markup, Co rpasses t to Customerkciungbut nod �n'ted to, Fo'r hn MjIary Services, Other Ander), Smelts*, ERCOT fees, PUCT Cred,tRequirements, Renewabte ERergy Credit Charge. Congeseon, Sceeduft/Forst�g. Chane, tnaccourated for energy and ling less chuges. PS�.1 �itfal With P 2.1 ds I ? , respect to each Aecourctstrt forth herein, the term Of the Prig Schedule shall corrunence tthe e'En epeciSed herein, unless extended upon tfia mutual wriitten;gre rentor the Parties oras on `Start ilded } and slid on . �'�y tray tti� trse c4mtrrerduuly masot1eb;e gf�pr}s to 8 pmYkfed hi this Peeing Schedule, but if l+ie,`tEpsrgy Is unable to enrol ono or morn of the Amts by�� safe u � � the Sart Da;oda) set forth herein in the Account (ir�u+daug Customer's fa�ura to notify the Ucircumstances beyond hlevr�i�erQys cnnaat (ino:u commence on the nutf ' la i has Weave" t�eir.t nergy es its gvppler w ray r ubriy scheduled Willy meter read data En item rt':orith end year fdioti acts s orM�s of the such the Start in V t9 mar drgts mewed: cows groan ; nor eery,2 �9 successful 8ruatfir�rrt of s,rch hccaorrri(aj. Ire thin 11/25/2009 WED 07:58 [TX/RX NO 6000] Z002 2/5 Nov -25-2009 07:52 AM Constellation NewEnergy Inc. 713-652-5588 44.41a A.A.% oszelotwo CORR PURCHASING 004 j Pricing Wade's drenurnsterice, No/Energy, in ite discretion, «U have the right, bur trot the obligetkn, upon wdtien notice to Customer b extend the End We to ref the decay hi the start ct newEntlYs suPPlyirlg elo city to Custor.or. 11 P ewrnerjy is unable to commence sari= within 20 business days of th Start Date(s) eel forth herein In the Account ScheQh.a, NaveEnangyv.11have the right, In its discretion. to terminate this Prfcllhg 8chadute without wait orpre;.ud t* upon written notice to Custom% PSZ2 Woking_ end ;lament. Customer shstr be Med for amounts due under this Pricing Schedule end the Master Agreement for oath AvctpTi . Customer shall Rusks payr'fleirts to tha folI y& address: Conste on Newt nergy, It o., by regular mall to P.O. Box 540159, D•a"as, Texas T5284-015 or by overnight mai to Attn: Bank of Armlike Leckbox.Service, CcceiellatiOn t eY+Energy, lnc. L,ocicbok 840159, 1401 Vin Street, 56 Floor. Balm Tex 7$202. Lata payment charges may be 3ncttdcd on a 5Ub gt:etht Invoice and are payable cn derriend. NetwEnetgy cesmes the right to adjust Its bt cyda Pram the to Erne. Customer sccpoVedges that NowEn ,s eb to Invoice Customer to dependent on the IJtitty's or. 184's stay lo fogs?NewEn:rgY t� nsssry irifomatiot�. In Etta absence of surds nin tion, Ne'Errsrgy slha.'i have the tight to invoke Customer based on mat mater teat ngs or other estimated information Customer's invoke %%01 be ediustod the next b4' hea �J cycle aper OA NewEnergy receives the &clue consumption amount end ether neCeSseel information from the ttnly or ISO, to mond& any difference between estima'ed consumption and actu consumption or other meters. P$23 tinge Vartttlic j Early.Temiinatfont Payment, Custom*acianowtedges that Nev,E�hergy detetmi� rood d prica kr s!e trcity for th N» etgy Blectrica Charge cAulition, b part; based oci Customer's historic artdtar esCmated monthly usage end metered rate of conSumpHarr fa each Account Consequenty, Customer wee!) to beer my t3ddltartht charges end to NewEnergy arising from, or Meng to, usage otttside th Covered Dandliidth,1i ening shout ihritation, ctrcornf nc= In 1.s1oth electric usege by offs or more Accounts declines to do h s Jew's or rest altogether (fa any rein other than Pave Majetire , tf one or more of Customer's featies Which ate reoehing e?tctatty supply hereunder are closed mated, sold, con soraieted or otheMtse disposed of, then Cu;tom8r may, to tho extent perp ed by appOcebb Law to ate this Pricing Schedule tvftt respect to the corresixuraig Accounts) upon 30 days v ltten notice to NetvEnergy, in vat event Custoftler maybe Fab'& to make alt a ally herd payment to NewEnergy under the a pBcab!a section of the Master Agreement Customer shat use reasernable efforts to pravkle Nessenergy pt ielo 14T lief nodal (but in no &era less than 30 day s) by facs!s cr electronic trig Were any etgrtlScatt charge in the anifdpitod usage of sleobfdty for fealty di sc receiving ser Mce undo this Pr' Sci:eduie, nclu �g without thitat ri changes due to equipment outages, plant or focally shutdowns, o/ panting hours of a fat PS2,4cin Cmonies Aaknawtadgttfati is n ,ntB. (a) Customer ackrov iftdge9 and ogress that (1) Naw5nsrgy Is not acting as Customer's Oonsul tt or advisot for aiy purpose, arid tiisiorner. vyt eat construe ar rely on any fafarrnafforn pry id.d or stdernenta made by NevbEnerEY, tncludttg'About Err talon a3 to the edvantzces or di.FgdVentegis Of any spedfsc prattt or.ser rice, predictions about Mum energy pikes, o: eny other statements or Information, *sadvt o or cepra:mg.8t oris of any sort; and (2) Customer is maic! g its *slit decisions based solely upon its a en;llysis and the advice of its ovai advisors, if any, and is not retying en Na,Energy in any wayln mar* its ded€f vrt to enter into this puking Schedule cr kt maWrtg any oder dads or taking any other aeon under this Frlrina Schedule. (b) Customer wurarea end reprints that Mils aggregate peak demand daring any 12 moat period is greater then 50 kiiowatta; ande (j 2 tla p82.'S t arld Ti C Gtf � a n. �► �AA�ed under Ma dgrse�t K not for residential frac. Customer may contact Nevgne gy ragarcbng Its Woks or other =bra concerning this Agreement at titneergy's Customer Sete D6pattnient by tog -free tetaphafts at 888-835-08±7, •fa enwil at customecrareeconstet`a2Orn.corrr, or at conger** NewEnergy loc. 1221 Lamar Street, Sulo 750, HouSt,ixh, Tit.77010. CUSTOM R AGREES TO CONTACT ITS tF1nLl1Y IN THE MO' NAM o1IAGE OR OTHER ELECTRICITY RELATED VittRGENGYATTHE FOLLOhING TELEPHONE NUM E Orr • ire Ocy &civic* CarLe(Peall Sato error Erctilo De4mry Coppori {3alr oor& tical: De? j 1' - . na-asps 07-373-4,556 Texas tic r iitxto Ponce :— .... 7458 Se thcaa 34 - Mai Sam 2414#4 955668855: _ as 8r-s5a) 1 PS2.s peso on. Pursuant to PUGT togula! ane al entail >a>� Frhs�r�das em allowed to d corvwct customers for non-payment or if no conic ls in effect lieWhst ndin9 vy hng In this�Agrenrnent to the =diary, Customer stl noirsYrr cath in Customer's Agreement, Newl:l tgy shu!'l be entl•Jed Codisconnect t;,lrstorner's se des that ns sedan on to t to t el!o set byatch in Cuatamsrhoids � ►vice for non-PaY►rhent or no contract to the extent �ttv►�ed trr�. N rgY hem lass for any!menupffone or d ours of Semite irifatcd by the TBSP. Gusromershal reimburse NaiNEnergy for any costs incurred by NevInertgy orpaised through to MeV/Enemy by tho TDSP for rs'nstaleniant of.senfce. P82.? Sub ttturtloir. In the cvaru Customer setts or othertintsa d'sposes of a iter to which NenvEnergy supptfes Energy {o r nal -aeilii Customer may substtde another fao1r $ubrtituts notf'►Y)for the o►i9i.�'aorty; provided, (a) the Substitute Fay 1s awned by Customer; (b�Gusomergvtis NeYlEre �► ► {6O) days alma %ttter: nate of its intent to do so; (o) therm Is no Event of Defaults {d) the stubst fon can be mada on the eamo day (or Ihithin a reasonabts bmo frame to be determined so'H Far;T�r and (t) the Stubs;ftuta Fac�T� hes sun7ar load and u � by ���% {e) Nsti��nerBY � legally supply end salve the Substitute Stroud such stubsiihttionbe made, the Substitute bata proved (to deter rssd Safely by Newt/logy) e;gy) a4 compared to the �kiglnel Ex�ity. t'S� $ ,�Yst�, Customer has v�ttnt �Y �� be gvvem� by 0tis•Agir�ent. {the Cvsivn'�er protacitorr Mean � the extent dewed bt the ruers y InarrEProndi�� not Imo, 16 i"PX. ADMIN. CODE a�ptBT R. §§25.471, Qt:seq. Rehr to this A9re4rrarti. AFTER oQNsuZTING IS►17tt AN © 20o7 kis tamed: Ceastillukri Nnanargy, ret. 3 assail, 062 3/5 11/25/2009 WED 07:58 [TX/RX NO 6000] a003 Nov -25-2009 07:52 AM Constellation NewEnergy Inc. 713-652-5588 lir i.tr avvv 11.00 rAA a ! LL j3 ttri0 CORR PURCHASING Pricing Schedule ATTORNEY OF CUSTOMEA'S OW1 SELECTION, CUSTaifEk VOLUNTARILY WAP//S 1T8 RIGRT4 IF ANY, UNDER THE MeAs DECEPTIVE TRADE PRACTICES CORShc4ER FROTECT1OMACT, gj 17.41 ET SEQ., TEYAS 8USJNESS 8 COMMERCE COPE rDTPA', A LAW THAT GIVES mac/Ms mac/MsSPECIAL RIGHTS AND PtOTEc7701143. PS2,9 paw ta!_to Corn Wrd.Perltee; Customer acknowledges and understands that: o NevaEnergy is making a payment to CGP Solutions, LLC In connection with tta efforts to facatate Customer and NevrEnergy entering 1010 11115 Agreement and o the i,:ewEneray Electricty Chane reflects the fee paid to CGA Wows, LLC o CGP Sens, LLC is offing on Castameris behalf as its representative and is jipl a reprosentativa of agent of No,Ensrgy. a Customer should neat any quastons regarding such fee to CGP SO!Lrtiorrs. LLC cuatomar Billing Address: Cir of Round Rook 221 East Main Street Accunts Payable Round Roup, TX 78884 Phone: 5122185455 Fax: 5122185442 ATTN: Cindy Savary Erne Customer Note o0 Address: City of Round Rook 221 East Main Strut Round Rock TX 78864 Phone: 8122188459 Fax: 5122187028 ATTN: E.E, (Rio) Bowdon Ernai1: rbowdenArourld-rookbr.us ConaieIlation New�tier y Payment Address: Constellation NevrEnergy, ino. P.O. Box 840159 Dallas, TX 75284-0159 Phone: 1 (888) 63827 Fax (713) 222-7341 Em pustomeDersQoonstollationio_ril Constellation NewEttergY NOticeAddress: Constellation NawEnergy, Inc. 1221 Lamar St, Saute 750 Houston, Texas 77010 Phone: (713) 2224080 Fax: 1-888-232-9800 ATTN: Legal Department 8DM: Bob Forman Pias* return an executed copy of this Pacing Schedule by facsimile to RewEnergy at 1-E6&232-8300. A fully sxecntod copy will be retumcd for your Mo. City of Round Rock By: Tt11e; Fate: Consultation HavanrngY, In Name: Title Dale; James Light Vice Pres En o Nw Enemy shall hays no obligation to enroll or supply electrkity to luny aacountts} that are not kle t � o t : Therefore, before you sign, please ven 4 sACaOttntScheduteblulaw. Your review and acceptanrc of ihis to ormatia n help nsure accurate future I r ve ACCURATE. !iti► VSs. 2:137 Ali traits res mess: caw toutson NwEnvy, be. 4 4/5 11/25/2009 WED 07:58 [TX/RX NO 6000] IJ004 Nov -25-2009 07:52 AM Constellation NewEnergy Inc. 713-652-5588 ... •4.41. N.wfriVt Vi.V ESI ID Account Schedule: l ESIID(s) WAR rUKLl7A.) r rib Nen Schedule Eft! IDco 1.1 P1372Q6O 5 f Nota: 1. Sae aecEan PS2.1 etym. 2. As may be updated er mp:Aced with a new account minter issued by the Ugly, ISO or other entity for the above listed service a ddrss s(u). 3. It Is the Intent of the Fatties dor the Supply of Energy to begin on or about the dates Eked Mich, unless aff Ocie dens are agreed by the Parties ace =rent, rent, regularly s heduled meter read daces detest to the Stag Data end End Date railroad The exact data that supply beans under this Agreement may vary depcndtng cn the day the TDSP aclua*y reads the meta. Service Address 103..8 ECrtSt ►Tx nat Supply Term Stan in —ETT- D t h Congestion PiZane iiii&z0:0 Maui Qom Meter Emergency Voltnga Contact NemWWNumbere S 1TN g =ocb 19eo3on� IOR 51u�a7�st Contract Cvanties: Conation Zone Calendar Month Usage Zona Year JAN KGrrtr Pow _ o =Tit _ 20:0 2j47 ram 'SSI 2.113 477 279 JUN JUL 0 0 SEP 2741 OCT 0 270 27+3 Minimum and Maxim= Toleritts: +f. 1 ,0041.11007of calendar month cons) usage This ta'erance band is ncl to be used to add and delete Arztaits. Consumption Beyond Tolerances: The NewEnergy Electftty Charge 4i.'be apple to al /Meted Usage. if Metered Usage exceeds the Mtudmum Toionce, Ninaietfay marl chirp the Mimin amounla tr the respltahl number is poslivo: (kiNh beyond MM!a mum Teleran* jag (unaccounted for energy and line losses) 1(Weighted Average ERGOT Zone1 Rate for the appkstie ter a period antes NewEnergy ergy Electrld:y Charge). 1f Actual Usage Is lass than MTolerance, Mat Usage tri be charged at the NewEnergy Electrid Cher e; • NevvEnergy may charge the toiioriurg amounts if the resulted number is pcs ve: (kWir under Mn'mum ToiemnDe) (unaccounted for energy arra Ira ) NewEnergy tet, Charge mbmWNghted Average ERGOT Zonal Rete). Replacement genre Service charges has defined by the ERGOT Protocols) end any smear chzc0es imposed by E1 UOTan purchases of energy from PRCOT'a ?CPE matfett of f be paaeed through vfititotrt markup, NOV DEC 410 04s 3,07 iZS7 2,a4 hes a 'Weighted AvQtago,ERCOTZonil Rata' mans the Weighted gage (weighted In acccocdence with Customers socia{ Metered Usage) of ERCOT3 Zonal Market Clearing Price of Er argy, phis Upra& *2007M 140Pim te4oval: Constifotton gfttakrgy.tea S 5/5 11/25/2009 WED 07:58 [TX/RX NO 6000] U005 Pricing Schedule SCHEDULE A — FIXED PRICE SOLUTIONS PRICING SCHEDULE Customer: City of Round Rock Product Type: Fixed Price Solutions 0 Constellation NewEnergy Supply Term: See ESI ID Schedule Billing Type: Summary Billing"'`` works. a tea. Schedule Date: 11/19/2009 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: 91119145732447238 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 Toss 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 pattems, (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 furnish 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 Toad 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: customercarerconstellation.com Email: BDM: Bob Forman Customer Notice Address: Constellation NewEnergy Notice Address: City of Round Rock Constellation NewEnergy, Inc. 221 East Main Street 1221 Lamar St. Suite 750 Round Rock TX 78664 Houston, Texas 77010 Phone: 5122185459 Phone: (713) 222-6080 Fax: 5122187028 Fax: 1-888-232-9800 ATTN: E.E. (Ric) Bowden ATTN: Legal Department Email: rbowden@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: / v eS .. IJU -1 1?. Title: I 0414A7,4** Date: ' . , oI 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 y Contact Name/Numbers Start Date(1) (3) End Date(1) (3) 1-10443720008029577 106 S Blair St StIg , Round Rock, TX 78664 11/26/2009 6/15/2012 SOUTH NON- IDR S Todd Keltgen 5127487591 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 0 410 2,861 SOUTH 2010 2,747 2,789 2,789 2,869 2,754 2,789 2,825 2,759 2,789 2,789 2,830 2,861 SOUTH 2011 2,789 2,789 2,789 2,829 2,754 2,789 2,789 2,789 2,789 2,789 2,830 2,825 SOUTH 2012 2,789 2,897 2,752 2,829 2,789 1,292 0 0 0 0 0 0 Minimum and Maximum Tolerance: +1- 10.00% I -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; plus, NewEnergy may charge the following amounts if the resultant number is positive: (kWh under Minimum Tolerance)lus (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 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. ofCOMPANY NAME: C� 12ct 144 2,0146.. SIGNED BY: NAME (Please print) SERVICE ACCO • NUMBER(S) SERVICE ADDRESS(ES): hIesR.kiuSr; U. DATE: !1Z6'.cfl (list all applicable account numbers by attaching a separate list if necessary) 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 CuStomerCareCOnSteliation.Com or fax to the Customer Care Department at (877) 243-4968.