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HomeMy WebLinkAboutProperty Management - Constellation NewEnergy, IncAgreement is Not Valid Unless Executed by Seller Constellation NewEnergy, Inc. Electricity Supply Agreement Fixed Price Solutions COUNTY OF FRANKLIN Constellation NewEnergy, Inc. (''Seller'') AGREE AS FOLLOWS: Defined Terms. Capitalized terms have the meanings set out in this Electricity Supply Agreement, including the attached General Terms and Conditions (''Agreement''); generally the words ''you'' and ''your'' refer to the Customer listed above and the words ''we'' and ''us'' refer to Seller, unless the context clearly requires otherwise. Purchase and Sale of Electricity. You will purchase and receive, and we will sell and supply all of your electricity requirements at the prices set forth below for each account identified in the Account Schedule below (''Account''). By signing this Agreement, you authorize us to enroll each Account with your UDC so that we can supply those Account(s). You will take such actions as we request to allow us to enroll each Account in a timely manner. You agree that we may select such sources of energy as we deem appropriate to meet our obligations under this Agreement. We will enroll each Account with the applicable UDC as being supplied by us and will take such other actions with the applicable UDC and ISO necessary for us to meet our obligations under this Agreement. The specific prices for each Account are set forth in the Account Schedule, below. You are also responsible to pay (1) Taxes - which we will pass through to you on your bill or as part of the price of electricity, as may be required by law, rule or regulation and (2) UDC charges for delivery/distribution services if we provide you a single bill that includes UDC charges. We will apply all appropriate Taxes unless and until you provide a valid certification of tax exempt status. Your prices are fixed for the existing term of this Agreement and only subject to change if there is a change in law, as described in Section 5 of the General Terms and Conditions below. The UDC charges (if any) and Taxes are charged to you as a ''pass-through,'' which means they will change during the existing term of this Agreement if and as the related charges assessed or charged vary for any reason, including but not limited to the types of changes described above. Cost Components. For each of the items listed as ''Fixed'' below, this means the item is included in your contract prices as set forth in the Account Schedule. For each of the items listed as ''Passed Through'' below, this means that you will be charged the costs associated with the line item in accordance with the definitions of each item in Section 1 Definitions of the General Terms and Conditions. Energy Costs Fixed Ancillary Services And Other ISO Costs Fixed Auction Revenue Rights Credits Fixed Capacity Costs Passed Through Transmission Costs Cost Adjustment Transmission Loss Credits Fixed Line Loss Costs Fixed FERC Order 745 Costs Fixed Balancing Congestion Costs Fixed Transmission Reallocation Costs Fixed Renewable Portfolio Standards Costs Fixed The contract prices contained in the Account Schedule include credit costs and margin. 202(c) Costs (defined below) will be passed through to you. Any applicable RMR Costs are also included in the contract prices. Stating "Transmission Costs" as "Cost Adjustment" means that Seller has included these "NSPL") for the Account(s) as determined by the applicable UDC or ISO at the time this Agreement is entered into. During the term of the Agreement Seller will pass through Transmission Costs, upward or downward based on changes in prices or the NSPL. Costs may change prior to the Start Date and at various times during the calendar year. FOR INTERNAL USE ONLY ©2026 Constellation Energy Resources, LLC All rights reserved. Errors and omissions excepted. Std. Short Form_v.2010 Rev Nov-01-2017 (21B) Sales Rep: Deirdre Krebs G667474.182110.0 Printed: 3/10/2026 Page - 1 - of 9 Retail Trade Transactions. At any time during the term of this Agreement, you may request the purchase of renewable energy certificates in an amount equal to a prescribed percentage of your load volume by entering into one or more Retail Trade Transactions (''RTTs'') between us. If we both agree to the pricing and terms of the renewable energy certificates purchase, a separate RTT Confirmation signed by both of us will document each such purchase and be incorporated herein. Term. This Agreement will become effective and binding after you have signed this Agreement and we have counter-signed. Subject to successful enrollment of your Account(s), this Agreement shall commence on or about the date set forth under ''Start Date'', and end on or about the date set forth under ''End Date'', unless extended on a holdover basis as described in this Agreement. The actual Start Date is dependent on the UDC successfully enrolling the Account(s) and furnishing us with all necessary information regarding the Account(s) meter read cycle and meter read date(s). The dates set forth in the Account Schedule below reflect UDC information available at that time or as otherwise estimated by us. The actual meter read dates may occur on or about the dates set forth herein. We will use commercially reasonable efforts to begin service to each Account(s) on the actual meter read date on or about the Start Date set forth herein. If we are unable to timely enroll an Account, the Start Date will commence on the next regularly scheduled UDC meter read cycle date following successful enrollment. The End Date will remain the same unless extended for a holdover term. We shall not be liable for any failure to enroll or drop an Account by the Start and End Date due to circumstances beyond our control. We will not be responsible for any gaps in service that may occur between the termination of your service from a prior supplier and the commencement of supply from us. Nothing in this Agreement shall be deemed to require or otherwise obligate us to offer to extend the term of this Agreement. If following termination or expiration of this Agreement (whether in whole or in part), for any reason, some or all of the Accounts remain designated by the UDC as being supplied by us, we may continue to serve such Account(s) on a month-to-month holdover basis. During such holdover term, we will calculate your invoice as follows: (Each -published Day Ahead Locational Based Marginal Price for the applicable residual zone (''LMP'') + $.020000/kWh) + (a pass through of all costs and charges incurred for the retail delivery of energy to you) + Taxes. This Agreement will continue to govern the service of such Accounts during such holdover term. Either party may terminate the holdover term at any time within its discretion at which time we will drop each Account as of the next possible meter read date to the then applicable tariff service, whether default service or otherwise. Your Invoice. Your invoice will contain all charges applicable to your electricity usage, including Taxes (which are passed through to you). You will receive one invoice from the UDC for UD eligibility changes. All amounts charged are due in full within forty-five (45) days of the invoice date, and we reserve the right to adjust amounts previously invoiced based upon supplemental or additional data we may receive from your UDC. Your invoices will be based on actual data provided by the UDC, provided that if we do not receive actual data in a timely manner, we will make a good faith estimate using your historical usage data and other information. Once we receive actual data we will reconcile the estimated charges and adjust them as needed in subsequent invoices. If you fail to make payment by the due date, interest will accrue daily on outstanding amounts from the due date until the bill is paid in full at a rate of 1.50% per month, or the highest rate permitted by law, whichever is less. All invoices (including adjustments to those invoices) are conclusively presumed final and accurate unless such invoices are objected to by either you or us in writing, including adequate explanation and/or documentation, within 24 months after the date such invoice was rendered, provided however, we may rebill based on post-period audits or adjustments made by the ISO, UDC, or other governmental authority, commission or agency with jurisdiction in the state in which the accounts are located. Adding and Deleting Accounts. (a) Adding Accounts. The Parties acknowledge and agree that the contract price(s) in the Account Schedule reflect a product option that allows Customer the ability to add one or more Account(s) at the same contract price listed in this Agreement (consistent with the terms below) (an "Add"). The Add(s) will not exceed 15.00-hours consumption reported to Seller for the immediately preceding yearly period prior to the Start Date herein or in the case of Account(s) that did not receive electricity in the prior year -faith estimate of the anticipated monthly consumption for such Account(s). For any Add(s) that exceed 15.00% of Aggregate Baseline, Customer and Seller will enter into good faith negotiations to add the Account(s) at the then-current market rate. For the purposes of clarity, the Aggregate Baseline shall only be made up of Customerunt(s) which are expressly listed on this Agreement only and not any Add(s) or Delete(s) transacted in accordance with this section. (b) Deleting Accounts. In addition, the contract price(s) in the Account Schedule reflect a product option that allows Customer the ability to delete Account(s) listed in the Account Schedule below ("Delete") without incurring an early termination payment until the Deletes exceed 15.00% of the Aggregate Baseline. (c) Add/Delete Restrictions. In each case, any Add or Delete will only be allowed if: (i) there is no un-remedied default by Customer; (ii) with respect to iii) with respect to any Add(s), the s Agreement; and (b) there has been no material change in law which has altered the economics to the ext FOR INTERNAL USE ONLY ©2026 Constellation Energy Resources, LLC All rights reserved. Errors and omissions excepted. Std. Short Form_v.2010 Rev Nov-01-2017 (21B) Sales Rep: Deirdre Krebs G667474.182110.0 Printed: 3/10/2026 Page - 2 - of 9 (d) Confirmation of Add(s) via email. Each Add and/or Delete shall be memorialized in writing. The Parties agree that if Customer designates an Authorized Person(s) below the signature line at the time this Agreement is executed and returned to Seller for execution, then both Parties agree to be legally bound to Add an account via an e--current email transaction process. Certain Warranties. You warrant and represent that for Account(s) located in the Commonwealth of Pennsylvania your aggregate peak load during any 12 month period is greater than 25 kilowatts, and that electricity supplied under this Agreement is not for use at a residence. Notices. All notices will be in writing and delivered by hand, certified mail, return receipt requested, or by first class mail, or by express carrier to our respective business addresses. Our business address is 1001 Louisiana St. Constellation Suite 2300, Houston, TX 77002, Attn: Contracts Administration. Either of us can change our address by notice to the other pursuant to this paragraph. Customer Service. For questions about your invoice or our services, contact us at our Customer Service Department by calling toll-free 844-636-3749, or by e-mail at CustomerCare@Constellation.com. Your prior authorization of us to your UDC as recipient of your current and historical energy billing and usage data will remain in effect during the entire term of this Agreement, including any renewal, unless you rescind the authorization upon written notice to us or by calling us at 844-636-3749. We reserve the right to cancel this Agreement in the event you rescind the authorization. Consumer Protections, State Public Utility Commission, and UDC Information. If you are a Pennsylvania consumer, you acknowledge provisions of the disclosure of Customer-specific information to electric generation suppliers, and you agree to prohibit the disclosure of any such information to any electric generation supplier other than Sellerduring the term of this Agreement. You may change this election at any time by contacting the UDC. If there is any conflict between this Agreement and the referenced orders or tariffs, you agree that this Agreement shall control to the extent permissible under applicable law. IN THE EVENT OF AN EMERGENCY, POWER OUTAGE OR WIRES AND EQUIPMENT SERVICE NEEDS, CONTACT YOUR APPLICABLE UDC AT: UDC Name UDC Abbreviation Contact Numbers Allegheny Power Service Corporation - PA WPP 1-800-255-3443 Pennsylvania Electric Company PENELEC 1-888-544-4877 1-800-492-0474, 6 St. Paul Street, th Baltimore, MD 21202-6806, OR the PSC of the District of Columbia at: (202) 626-5100, 1333 H Street, NW, 6 Floor, East Tower, Washington, D.C. 20005, OR the Pennsylvania Public Utility Commission at: (717) 783-1740, P.O. Box 3265, Harrisburg, PA 17105-3265, OR the Delaware PSC at (302) 739-4247, 861 Silver Lake Boulevard, Cannon Building, Ste 100, Dover, DE 19904. \[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.\] FOR INTERNAL USE ONLY ©2026 Constellation Energy Resources, LLC All rights reserved. Errors and omissions excepted. Std. Short Form_v.2010 Rev Nov-01-2017 (21B) Sales Rep: Deirdre Krebs G667474.182110.0 Printed: 3/10/2026 Page - 3 - of 9 Each party has caused this Agreement to be executed by its authorized representative on the respective dates written below. Constellation NewEnergy, Inc. Customer: County of Franklin \[\[SertifiSStamp_2\]\] \[\[SertifiSStamp_1\]\] Signature: ________________________________ Signature: ________________________________ Printed Name: Printed Name: Title: Title: Date: _________________________________ Address: 1001 Louisiana St. Constellation Suite 2300 Address: Houston, TX 77002 Attn: Contracts Administration Fax: 888-829-8738 Fax: Phone: 844-636-3749 Phone: Email: Customer Authorized Persons: Printed Name: \[\[SFLD:BName:W=150,R=False\]\] Title: \[\[SFLD:BTitle:W=150,R=False\]\] Email: \[\[SFLD:BEmail:W=150,R=False\]\] Phone: \[\[SFLD:BPhone:W=150,R=False\]\] FOR INTERNAL USE ONLY ©2026 Constellation Energy Resources, LLC All rights reserved. Errors and omissions excepted. Std. Short Form_v.2010 Rev Nov-01-2017 (21B) Sales Rep: Deirdre Krebs G667474.182110.0 Printed: 3/10/2026 Page - 4 - of 9 the invoice. General Terms and Conditions be invoiced as a separate line item and calculated based on the applicable 1. Definitions. locational marginal price for the Line Loss Usage. "202(c) Costs" Non Time Of UseNTOU means all hours of each day. issued under Section 202(c) of the Federal Power Act requiring certain Off Peak means all hours other than Peak hours. wholesale generation facilities to remain operational due to potential Peak means the hours designated as peak from time to time by the UDC. shortages of power in the applicable ISO-territory. means the costs associated with Ancillary Services And Other ISO Costs means for any billing period the meeting renewable portfolio standards costs at the levels required by applicable charges regarding ancillary services as set forth in the applicable applicable Law. If Renewable Portfolio Standards Costs are not included in the contract price, such costs for a particular month will be the product of (i) otherwise included in any of the defined cost components in this Agreement. Monthly RPS Price is the price of renewable portfolio standards compliance for the Account, for a particular month, fixed by reference to the renewable Services And Other ISO Costs or otherwise reasonable allocation method as portfolio standards forward price curve for the state where the Account is we may determine from time to time based on how Ancillary Services And located. Other ISO Costs are assessed by the ISO. -Must- means the generation means revenue credits resulting from the deactivation charges and other such charges, if any, imposed by the ISO on annual financial transmission rights auction conducted by the ISO that are load served in a particular load zone to recover the cost for any generation applicable with respect to transmission peak load contribution. If Auction units that plan to retire but are required by the ISO to run for reliability purposes beyond their intended retirement date, in accordance with the reasonably calculated by us as the monthly product of the (i) total Auction applicable ISO rules and OATT provisions. Beginning on June 1, 2015, Revenue Rights Credits expressed in dollars per planning year for the several Pennsylvania UDCs (i.e., PECO, MetEd, Penelec, Penn-Power and applicable zone, as published by the ISO; divided by (ii) the total Network West Penn-Power) will be responsible for collecting RMR Costs that are Service Peak Load for such zone, as published by the ISO; divided by (iii) the incurred during the term of this Agreement on your UDC Charges. If at any number of days in the applicable planning year; multiplied by (iv) by an time during the term of this Agreement the aforementioned UDCs discontinue cable Network Service Peak Load; multiplied by (v) the number collecting RMR Costs and we again become responsible for collecting them, of days in the billing period or such other reasonable calculation method we will pass those costs through to you. applied by us. Taxes means all federal, state, municipal and local taxes, duties, fees, "Balancing Congestion Costs" means any costs or charges imposed by the levies, premiums or other charges imposed by any governmental authority, directly or indirectly, on or with respect to the electricity and related products Rehearing and Compliance regarding Docket Nos. EL16-6-002, EL16-6-003 and services provided under this Agreement, including any taxes enacted and ER16-121-001 (January 31, 2017). after the date we entered into this Agreement. Capacity Costs means a charge for fulfilling the capacity requirements for means the charge for Network Transmission Service the Account(s) imposed by the ISO or otherwise. Capacity Costs includes, and Transmission Enhancement Charges, each as identified in the applicable but is not limited to, the cost for procuring Capacity Performance resources OATT Tariff for the provision of transmission service by the ISO within the (as currently required and defined by the ISO) in accordance with the detailed as provisions of Federal Energy Regulatory Commission Order on Proposed Transmission Reallocation Costs as defined below. You will be responsible for Tariff Revisions (Docket No. ER15-623-000, et al, issued June 9, 2015). any applicable Transmission Cost Enhancement Charges on your Delivery Energy Costs means a charge for the cost items included in the Locational Charges in the following Pennsylvania UDCs: MetEd, Penelec, Penn-Power, Marginal Price for the ISO residual zone identified in the Account Schedule West Penn-Power and PECO. FERC Order 745 Costs means any costs or charges imposed by the ISO in Transmission Loss Credits means the credit amounts applicable to the accordance with complying with the provisions of Federal Energy Regulatory Any modifications or conditions to the treatment of FERC Order 745 Costs imposed by the ISO specifically for: (i) the Current Recovery Charges; and (ii) under the ISO tariff or otherwise shall be deemed a change in law pursuant to the Transmission Enhancement Charge Adjustments (each of (i) and (ii) as Section 5 of the General Terms and Conditions of this Agreement. defined in the settlement agreement approved by FERC as of May 31, 2018 ISO means the independent system operator or regional transmission in Docket Number EL05-121-009 for the time periods identified therein and organization responsible for the service territory governing an Account, or any implemented in the OATT Schedule 12-C Appendices A and C, respectively, successor or replacement entity. and as may subsequently be amended). Any modifications or conditions to means the costs (to the extent not already captured in the the treatment of the Transmission Reallocation Costs under the ISO tariff or applicable Energy Costs) applicable to each Account based on the kWh otherwise shall be deemed a change in law pursuant to Section 5 below. difference between the UDC metered usage and the ISO settlement volumes UDC means your local electric distribution utility owning and/or controlling (th and maintaining the distribution system required for delivery of electricity to are included in the contract price and will not be invoiced as a separate line the Accounts. item. shall be applied to the Line Loss Usage and appear as a separate line item on FOR INTERNAL USE ONLY ©2026 Constellation Energy Resources, LLC All rights reserved. Errors and omissions excepted. Std. Short Form_v.2010 Rev Nov-01-2017 (21B) Sales Rep: Deirdre Krebs G667474.182110.0 Printed: 3/10/2026 Page - 5 - of 9 all as defined by the UDC tariffs, and any similar or related charges the UDC UDC or ISO tariff, rule of any commission or agency with jurisdiction in the may impose from time to time. state in which the Accounts are located. Such additional amounts will be included in subsequent invoices to you. The changes described in this Section 2. Cash deposit and other security. At any time, we may require that you may change any or all of the charges described in this Agreement, whether provide information to us so that we may evaluate your creditworthiness. We described as ''fixed,'' ''variable,'' ''pass-through'' or otherwise. reserve the right to require that you make a cash deposit or provide other security acceptable to us if your financial obligations to us increase under this 6. Events beyond either of our reasonable control. If something happens Agreement, or if, in our opinion, your credit, payment history, or ability to pay that is beyond either of our reasonable control that prevents either of us from your bills as they come due becomes a concern. You will deliver any required performing our respective obligations under this Agreement, then whichever cash deposit or other required security (or any increase therein) within three one of us cannot perform will be relieved from performance until the situation (3) business days of our request. is resolved. Examples of such events include: acts of God, fire, flood, hurricane, war, terrorism; declaration of emergency by a governmental entity, 3. Default under this Agreement. You will be in default under this the ISO or the UDC; curtailment, disruption or interruption of electricity Agreement if you fail to: pay your bills on time and in full; provide cash transmission, distribution or supply; regulatory, administrative, or legislative deposits or other security as required by Section 2 above; or perform all action, or action or restraint by court order or other governmental entity; material obligations under this Agreement and you do not cure such default actions taken by third parties not under your or our control, such as the ISO or within 5 days of written notice from us; or if you declare or file for bankruptcy a UDC. Such events shall not excuse failure to make payments due in a or otherwise become insolvent or unable to pay your debts as they come due. timely manner for electricity supplied to you prior to such event. Further, if We will be in default under this Agreement if we fail to perform all material such an event prevents or makes it impossible or impracticable for the obligations under this Agreement and do not cure such default within 5 days claiming party to carry out any obligation under this Agreement due to the written notice from you, or if we declare or file for bankruptcy or otherwise events beyond either of our reasonable control for more than 30 days, then become insolvent or unable to pay our debts as they come due. whichever one of us whose performance was not prevented by such events shall have the right to terminate this 4. Remedies upon default; Early Termination Payment. If you are in written notice to the other. default under this Agreement, in addition to any other remedies available to us, we may terminate this Agreement entirely, or solely with respect to those 7. UDC or ISO obligations. We will have no liability or responsibility for Accounts adversely affected by such default, and switch your Account(s) back matters within the control of the UDC or the ISO-controlled grid, which include to UDC service (consistent with applicable regulations and UDC practices); maintenance of electric lines and systems, service interruptions, loss or and/or you will be required to pay us an early termination payment to termination of service, deterioration of electric services, or meter readings. . compensate us for all losses we sustain due to your default, including: all amounts you owe us for electricity provided to you; 8. Limitation on Liability. IN NO EVENT WILL EITHER PARTY OR ANY the positive difference, if any, between (A) the price you would have OF ITS RESPECTIVE AFFILIATED COMPANIES BE LIABLE FOR ANY paid us under this Agreement had it not been terminated early (including our CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE margin), less the then-current market price of electricity and services under DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST OPPORTUNITIES terms substantially similar to the terms of this Agreement, as reasonably OR LOST PROFITS NOT CONTEMPLATED BY SECTION 4 calculated by us based on information available to us internally or supplied by total liability related to this Agreement, whether arising under breach of one or more third parties; multiplied by (B) the estimated undelivered volume contract, tort, strict liability or otherwise, will be limited to direct, actual of electricity you would consume through the end of the term, as reasonably damages. Direct, actual damages payable to us will reflect the early calculated by us; and termination payment calculation in Section 4. Each party agrees to use commercially reasonable efforts to mitigate damages it may incur. NO incur in collecting amounts you owe us under this Agreement. WARRANTY, DUTY, OR REMEDY, WHETHER EXPRESSED, IMPLIED OR STATUTORY, ON OUR PART IS GIVEN OR INTENDED TO ARISE OUT OF The parties agree that any early termination payment determined in THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY accordance with this Section is a reasonable approximation of harm or loss OR FITNESS FOR A PARTICULAR PURPOSE OR USE. and is not a penalty or punitive in any respect, and that neither party will be required to enter into a replacement transaction in order to determine or be 9. DISPUTE RESOLUTION. THIS AGREEMENT WILL BE GOVERNED BY entitled to a termination payment. AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH ANY ACCOUNT IS LOCATED, WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW PROVISIONS, AND ANY CONTROVERSY OR 5. Changes in law. We may pass through or allocate, as the case may be, to CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT WILL BE you any increase or decrease in our costs related to the electricity and related SETTLED IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS products and services sold to you that results from the implementation of new, AGREEMENT BY A COURT LOCATED IN SUCH STATE. IF THE MATTER or changes (including changes to formula rate calculations) to existing, Laws, AT ISSUE INVOLVES ACCOUNTS OR MATTERS IN MORE THAN ONE or other requirements or changes in administration or interpretation of Laws or STATE, THE GOVERNING JURISDICTION AND VENUE SHALL BE other requirements. ''Law'' means any law, rule, regulation, ordinance, statute, DEEMED TO BE NEW YORK. TO THE EXTENT ALLOWED BY judicial decision, administrative order, ISO business practices or protocol, APPLICABLE LAW, WE ALSO BOTH AGREE IRREVOCABLY AND FOR INTERNAL USE ONLY ©2026 Constellation Energy Resources, LLC All rights reserved. Errors and omissions excepted. Std. Short Form_v.2010 Rev Nov-01-2017 (21B) Sales Rep: Deirdre Krebs G667474.182110.0 Printed: 3/10/2026 Page - 6 - of 9 UNCONDITIONALLY TO WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO supersedes any other agreements, discussions or understandings (whether INITIATE OR BECOME A PARTY TO ANY CLASS ACTION CLAIMS WITH written or oral) regarding the subject matter of this Agreement, and may not RESPECT TO ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR be contradicted by any prior or contemporaneous oral or written agreement. INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR A facsimile or e-mailed copy with your signature will be considered an original THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. for all purposes, and you will provide original signed copies upon request. Each party authorizes the other party to affix an ink or digital stamp of its 10. Relationship of Parties; Representations and Warranties. We are an signature to this Agreement, and agrees to be bound by a document executed independent contractor, and nothing in this Agreement establishes a joint in such a manner. The parties acknowledge that any document generated by venture, fiduciary relationship, partnership or other joint undertaking. We are the parties with respect to this Agreement, including this Agreement, may be not acting as your consultant or advisor, and you will not rely on us in imaged and stored electronically and such imaged documents may be evaluating the advantages or disadvantages of any specific product or introduced as evidence in any proceeding as if such were original business service, predictions about future energy prices, or any other matter. Your records and neither party shall contest their admissibility as evidence in any decision to enter into this Agreement and any other decisions or actions you proceeding. Except as otherwise explicitly provided in this Agreement, no may take is and will be based solely upon your own analysis (or that of your amendment (including in form of a purchase order you send us) to this advisors) and not on information or statements from us. You represent (i) you Agreement will be valid or given any effect unless signed by both of us. are duly organized and in good standing under the Laws of the jurisdiction of Applicable provisions of this Agreement will continue in effect after termination your formation; (ii) you are authorized and qualified to do business in the or expiration of this Agreement to the extent necessary, including those for jurisdiction necessary to perform under this Agreement; (iii) execution, billing adjustments and payments, indemnification, limitations of liability, and delivery and performance of this Agreement are duly authorized and do not dispute resolution. This Agreement is a ''forward contract'' and we are a violate any of your governing documents or contracts or any applicable Law; ''forward contract merchant'' under the U.S. Bankruptcy Code, as amended. and (iv) if you are a Governmental Entity, you further warrant (a) you have Further, we are not providing advice regarding ''commodity interests'', complied with all applicable bidding and procurement laws in awarding this including futures contracts and commodity options or any other matter, which Agreement, (b) you will not claim immunity on the grounds of sovereignty or would cause us to be a commodity trading advisor under the U.S. Commodity similar grounds from enforcement of this Agreement; and (c) you will obtain all Exchange Act, as amended. necessary budgetary approvals, appropriations and funding for all of your obligations under this Agreement, the failure of which shall not be an excuse upon reque means a municipality, county, governmental board or department, commission, agency, bureau, administrative body, joint action agency, court or other similar political subdivision (including a public school district or special purpose district or authority), or public entity or instrumentality of the United States or one or more states. 11. Confidentiality. Consistent with applicable regulatory requirements, we will hold in confidence all information obtained by us from you related to the provision of services under this Agreement and which concern your energy characteristics and use patterns, except that we may, consistent with applicable law and regulation, disclose such information to (a) our affiliates contractors, (b) third parties representing you in this purchase of electricity, and (c) other third parties, if the information (i) is presented in aggregate and (ii) cannot be reasonably expected to identify you. Except as otherwise required by law, you will agree to keep confidential the terms of our Agreement, including price. 12. Miscellaneous Provisions. If in any circumstance we do not provide notice of, or object to, any default on your part, such situation will not constitute a waiver of any future default of any kind. If any of this Agreement is held legally invalid, the remainder will not be affected and will be valid and enforced to the fullest extent permitted by law and equity, and there will be deemed substituted for the invalid provisions such provisions as will most nearly carry out our mutual intent as expressed in this Agreement. You may not assign or otherwise transfer any of your rights or obligations under this Agreement without our prior written consent. Any such attempted transfer will be void. We may assign our rights and obligations under this Agreement. This Agreement contains the entire agreement between both of us, FOR INTERNAL USE ONLY ©2026 Constellation Energy Resources, LLC All rights reserved. Errors and omissions excepted. Std. Short Form_v.2010 Rev Nov-01-2017 (21B) Sales Rep: Deirdre Krebs G667474.182110.0 Printed: 3/10/2026 Page - 7 - of 9 ACCOUNT SCHEDULE: For: County of Franklin The Pricing set forth below is only valid until 5:30PM EasternPrevailing Time on March 10, 2026 We shall have no obligation to enroll or supply electricity to any account(s) that are not identified on the Account Schedule below. Please verify that your specific information is COMPLETE and ACCURATE. Your review and acceptance of this information will help ensure accurate future invoices Notes: Accounts or Service Addresses listed in the Account(s) Schedule may be updated or replaced with a new account number issued by the UDC, ISO or other entity. THIS DOCUMENT MAY BE RETURNED TO SELLER BY FAX TO (888)-829-8738 OR AS OTHERWISE DIRECTED. No. of Service Accounts: 22 Energy Price Start End Non TOU UDC UDC Account Number Service Address Date Date ($/kWh) 9110 BROAD MTN RD, UPPER PENELEC 08009243260006460921 STRASBURG, PA 17265 07/08/26 12/07/27 $0.08541 AUGHWICK RD, MC WPP 08052629550007240810 CONNELLSBURG, PA 17233 07/19/26 12/19/27 $0.08541 390 New York Ave, Chambersburg, WPP 08053086690007210027 PA 17201 03/17/26 12/15/27 $0.08541 1683 opportunity Ave, WPP 08053086690007335811 Chambersburg, PA 17201 03/17/26 12/15/27 $0.08541 1804 Opportunity Ave, WPP 08053215090007221455 Chambersburg, PA 17201 03/17/26 12/15/27 $0.08541 20 VETERANS WAY, WPP 08053650480007486487 MERCERSBURG, PA 17236 07/10/26 12/10/27 $0.08541 FRANKLIN FARM LN, WPP 08057193630006595415 CHAMBERSBURG, PA 17201 07/11/26 12/11/27 $0.08541 FRANKLIN FARM LN, WPP 08057193930007262972 CHAMBERSBURG, PA 17201 07/11/26 12/11/27 $0.08541 625 FRANKLIN FARM LN, WPP 08057194870006595487 CHAMBERSBURG, PA 17202-3068 07/11/26 12/11/27 $0.08541 625 FRANKLIN FARMS LN, WPP 08057195200007296743 CHAMBERSBURG, PA 17202-3068 07/11/26 12/11/27 $0.08541 FRANKLIN FARM LN, WPP 08057195890006595556 CHAMBERSBURG, PA 17201 07/11/26 12/11/27 $0.08541 191 FRANKLIN FARM LN, WPP 08057196220007266770 CHAMBERSBURG, PA 17202-3007 07/11/26 12/11/27 $0.08541 FRANKLIN FARM LN, WPP 08057196580007253158 CHAMBERSBURG, PA 17201 07/11/26 12/11/27 $0.08541 FRANKLIN FARM LN, WPP 08057256900006595598 CHAMBERSBURG, PA 17201 07/11/26 12/11/27 $0.08541 FRANKLIN FARM LN, WPP 08057257150006595630 CHAMBERSBURG, PA 17201 07/11/26 12/11/27 $0.08541 11645 LITTLE COVE RD, WPP 08057386360007295284 MERCERSBURG, PA 17236-9433 07/09/26 12/09/27 $0.08541 10615 ANTRIM CHURCH RD, WPP 08057524920006771178 GREENCASTLE, PA 17225-9577 06/25/26 11/25/27 $0.08541 679 FRANKLIN FRM LN, WPP 08058607390007195581 CHAMBERSBURG, PA 17202 07/11/26 12/11/27 $0.08541 FOR INTERNAL USE ONLY ©2026 Constellation Energy Resources, LLC All rights reserved. Errors and omissions excepted. Std. Short Form_v.2010 Rev Nov-01-2017 (21B) Sales Rep: Deirdre Krebs G667474.182110.0 Printed: 3/10/2026 Page 8 of 9 401 S WASHINGTON ST, WPP 08058607390007313359 GREENCASTLE, PA 17225-1337 07/23/26 12/22/27 $0.08541 425 FRANKLIN FARM LN, WPP 08058607390007320512 CHAMBERSBURG, PA 17202-3064 07/11/26 12/11/27 $0.08541 11300 FT LOUDON RD, WPP 08059039490006771656 MERCERSBURG, PA 17236-8503 07/22/26 12/21/27 $0.08541 11359 ANTHONY HWY, WPP 08073225610007014765 WAYNESBORO, PA 17268 07/03/26 12/04/27 $0.08541 TO ACCEPT THE PRICING ABOVE, PLEASE FAX A SIGNED COPY OF THIS AGREEMENT TO US AT БББΏБЋВΏБАЌБ. Payments to Certain Third-Parties: You acknowledge that your price includes a fee that Constellation will remit to Kinect Energy, Inc ("Third Party") in connection with its efforts to facilitate our entering into this Agreement. Third Party is acting on your behalf as your representative and is not a representative or agent of Constellation. FOR INTERNAL USE ONLY ©2026 Constellation Energy Resources, LLC All rights reserved. Errors and omissions excepted. Std. Short Form_v.2010 Rev Nov-01-2017 (21B) Sales Rep: Deirdre Krebs G667474.182110.0 Printed: 3/10/2026 Page 9 of 9