Common use of NOTIFICATION TO NEW CONSUMERS OF OPT-OUT RIGHTS Clause in Contracts

NOTIFICATION TO NEW CONSUMERS OF OPT-OUT RIGHTS. In accordance with the requirements of all applicable Governmental Rules, and within a reasonable time after the LDC notifies Competitive Supplier of the existence of a New Consumer (the “New Consumer Notice”) and has provided to Competitive Supplier such New Consumer’s account number, service and billing address, and any other necessary contact information, Competitive Supplier shall notify such New Consumer that the Competitive Supplier will be providing All- Requirements Power Supply to such New Consumer, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, and the Program Opt-Out Notice. Competitive Supplier shall mail an Opt-Out Notice (as described in Article 5.1) to each such New Consumer within thirty (30) days after receiving notice from the LDC. If the New Consumer is in the largest industrial rate class, Competitive Supplier may contact such New Consumer and reasonably determine if such New Consumer is expected to consume more than 1,000,000 kWhs per year. If Competitive Supplier reasonably determines, within five (5) business days of receiving the New Consumer Notice from the LDC, that such New Consumer is expected to consume more than 1,000,000 kWhs per year, such consumer shall be designated a “Very Large New Consumer.” Any New Consumer, other than a Very Large New Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, and shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Consumers, promptly after determining that a New Consumer is a Very Large New Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Consumer that does not elect to opt-out of the Program will be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town of all market prices offered to Very Large New Consumers.

NOTIFICATION TO NEW CONSUMERS OF OPT-OUT RIGHTS. In accordance Consistent with the requirements of all any applicable Governmental Rules, and within a reasonable time after the LDC Local Distributor notifies Competitive Supplier of the existence of a New Consumer (the “New Consumer Notice”) and has provided to Competitive Supplier such New Consumer’s account number, service and billing address, and any other necessary pertinent contact information, Competitive Supplier shall notify such New Consumer (i) of the date on which such New Consumer will be automatically enrolled in the Program, and (ii) that the Competitive Supplier will be providing All- Requirements Power Supply to such New ConsumerConsumer as of the same date, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, and the Program (“Opt-Out Notice”). Competitive Supplier shall mail an Opt-The Opt- Out Notice (as described in Article 5.1) shall be mailed to each such New Consumer within thirty prior to the date of automatic enrollment. The Competitive Supplier, in its discretion as to form and content shall: (30i) days after receiving notice from prominently state all charges to be assessed by the LDC. If Competitive Supplier; (ii) provide a summary of the New Consumer is prices and terms of service included in Exhibit A as well as fully disclose the largest industrial rate class, Competitive Supplier may contact prices and terms then being offered for Basic Service by the Local Distributor; (iii) state how such New Consumer and reasonably determine if such New Consumer is expected to consume more than 1,000,000 kWhs per year. If Competitive Supplier reasonably determines, within five (5) business days of receiving the New Consumer Notice from the LDC, that such New Consumer is expected to consume more than 1,000,000 kWhs per year, such consumer shall be designated a “Very Large New Consumer.” Any New Consumer, other than a Very Large New Consumer, that does not elect to may opt-out of the Program as provided in this section will be automatically enrolled in prior to enrollment and remain on Basic Service from the ProgramLocal Distributor; and (iv) state how all Participating Consumers, subsequent to enrollment, will be deemed a Participating Consumer, and shall be entitled to receive supply at also have the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Consumers, promptly after determining that a New Consumer is a Very Large New Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Consumer that does not elect right to opt-out of at any time and return to Basic Service or choose a new Competitive Supplier without paying a fee or penalty to Competitive Supplier. All such notices must be approved in advance by the Program will Town, such approval not to be enrolled in the Program, be deemed a Participating Consumer, and be entitled unreasonably withheld. The Town agrees to receive supply at the market price quoted by take such further actions as the Competitive Supplier pursuant may reasonably request in connection with the Competitive Supplier’s performance of this ESA. The above procedures also apply to New Consumers that are subsequent to the terms and conditions initial enrollment; however, it is the responsibility of this Agreementthe Competitive Supplier to request the subsequent New Consumer’s pertinent information from the Local Distributor on a quarterly basis. The Competitive Supplier shall notify is responsible for all mailings and mailing costs associated with consumer notification whether it be for the initial enrollment or subsequent enrollments. The Competitive Supplier will maintain a complete list of opt-outs throughout the life of the contract whether received prior to the initial enrollment or after accounts have been enrolled. Upon request, the Competitive Supplier will make this opt-out list available to the Town or its agent. In providing the notifications set forth in this Article 3.2, and in otherwise conducting the activities in Article 3.4 below, the Town and the Competitive Supplier must rely upon information provided to it by the Local Distributor for the purpose of all market prices offered performing its obligations. Competitive Supplier will not be responsible for any errors or omissions in connection with its notification of Eligible Consumers resulting from errors or omissions in the information provided to Very Large New Consumersit by the Local Distributor or the Town.

NOTIFICATION TO NEW CONSUMERS OF OPT-OUT RIGHTS. Throughout the Term of this Agreement, Competitive Supplier shall maintain a Master Opt-Out File, described in Article 12, below, that includes accurate records of: (a) all consumers within Cambridge who opted out after receiving an Opt-Out Notice and were not enrolled in the Program; and (b) all consumers that left the Program for any reason after they were enrolled in the Program. Once each month, throughout the Term of this Agreement, Competitive Supplier shall obtain from the LDC an updated file that identifies LDC consumers within Cambridge who are receiving supply from the LDC at Basic Service rates, hereinafter the “Updated LDC Basic Service File.” Once each month throughout the Term, Competitive supplier shall create a Refresh Mailing List of New Consumers that includes all consumers in the Updated LDC Basic Service File, excluding only consumers listed in the Master Opt-Out File In accordance with the requirements of all applicable Governmental Rules, and within a reasonable time after the LDC notifies Competitive Supplier of the existence of a New Consumer (the “New Consumer Notice”) and has provided to Competitive Supplier such New Consumer’s account number, service and service, billing address, and any other necessary contact information, Competitive Supplier shall notify such New Consumer that the Competitive Supplier will be providing All- Requirements Power Supply to such New Consumer, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, Program and the Program Opt-Out Notice. Competitive Supplier shall mail an Opt-Out Notice (as described in Article Section 5.1, above) to each such New Consumer within listed in the Refresh Mailing List no later than thirty (30) days after receiving notice from the LDCService Commencement Date and then once every month for the remainder of the Term (hereinafter, “Refresh Mailing”). Such New Consumers shall be automatically enrolled into the Program on the first meter read date following the opt-out deadline in the Opt-Out Notice as described in Section 5.1, above. If the New Consumer is in the largest industrial rate class, Competitive Supplier may contact such New Consumer and reasonably determine if such New Consumer is expected to consume more than 1,000,000 kWhs per year. If Competitive Supplier reasonably determines, within five ten (510) business days Business Days of receiving the New Consumer Notice from the LDC, that such New Consumer is expected to consume more than 1,000,000 kWhs per year, such consumer shall be designated a “Very Large New Consumer.” Any New Consumer, other than a Very Large New Consumer, that does not elect to opt-out of the Program as provided in this section Section 5.2 will be automatically enrolled in the Program, will be deemed a Participating Consumer, Consumer and shall be entitled to receive supply at the prices listed in Exhibit A A, below, pursuant to the terms and conditions of this Agreement. For Very Large New Consumers, promptly after determining that a New Consumer is a Very Large New Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Consumer that does not elect to opt-out of the Program will accepts such market rate shall be enrolled in the Program, Program and be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town City of all market prices offered to Very Large New Consumers.

NOTIFICATION TO NEW CONSUMERS OF OPT-OUT RIGHTS. In accordance Consistent with the requirements of all any applicable Governmental Rules, and within a reasonable time after the LDC Local Distributor notifies Competitive Supplier of the existence of a New Consumer (the “New Consumer Notice”) and has provided to Competitive Supplier such New Consumer’s account number, service and billing address, and any other necessary pertinent contact information, Competitive Supplier shall notify such New Consumer (i) of the date on which such New Consumer will be automatically enrolled in the Program, and (ii) that the Competitive Supplier will be providing All- All-Requirements Power Supply to such New ConsumerConsumer as of the same date, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, and the Program (“Opt-Out Notice”). Competitive Supplier shall mail an The Opt-Out Notice (as described in Article 5.1) shall be mailed to each such New Consumer within thirty prior to the date of automatic enrollment. The Competitive Supplier, using the Opt-Out Notice approved by the Department, shall: (30i) days after receiving notice from prominently state all charges to be assessed by the LDC. If Competitive Supplier; (ii) provide a summary of the New Consumer is prices and terms of service included in Exhibit A as well as fully disclose the largest industrial rate class, Competitive Supplier may contact prices and terms then being offered for Basic Service by the Local Distributor; (iii) state how such New Consumer and reasonably determine if such New Consumer is expected to consume more than 1,000,000 kWhs per year. If Competitive Supplier reasonably determines, within five (5) business days of receiving the New Consumer Notice from the LDC, that such New Consumer is expected to consume more than 1,000,000 kWhs per year, such consumer shall be designated a “Very Large New Consumer.” Any New Consumer, other than a Very Large New Consumer, that does not elect to may opt-out of the Program as provided in this section will be automatically enrolled in prior to enrollment and remain on Basic Service from the ProgramLocal Distributor; and (iv) state how all Participating Consumers, subsequent to enrollment, will be deemed a Participating Consumer, and shall be entitled to receive supply at also have the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Consumers, promptly after determining that a New Consumer is a Very Large New Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Consumer that does not elect right to opt-out of at any time and return to Basic Service or choose a new Competitive Supplier without paying a fee or penalty to Competitive Supplier. All such notices must be approved in advance by the Program will Town, such approval not to be enrolled in the Program, be deemed a Participating Consumer, and be entitled unreasonably withheld. The Town agrees to receive supply at the market price quoted by take such further actions as the Competitive Supplier pursuant may reasonably request in connection with the Competitive Supplier’s performance of this ESA. The above procedures also apply to New Consumers that are subsequent to the terms initial enrollment; however, it is the responsibility of the Competitive Supplier to request the subsequent New Consumer’s pertinent information from the Local Distributor, through the Town, Colonial Power Group, Inc. (“CPG”) or their agent or consultant. Competitive Supplier shall mail Opt-Out Notices to New Consumers in accordance with the Refresh Schedule in Exhibit D. Any modifications to the Refresh Schedule must be agreed to in writing by Competitive Supplier and conditions of this Agreementthe Town. The Competitive Supplier shall notify is responsible for all mailings and mailing costs associated with consumer notification whether it be for the initial enrollment or subsequent enrollments, and will use commercially reasonable efforts to complete the initial opt out mailing for service to commence as of the Service Commencement Date. The Competitive Supplier will maintain a complete list of opt-outs throughout the life of the contract whether received prior to the initial enrollment or after accounts have been enrolled. Upon request, the Competitive Supplier will make this opt-out list available to the Town or its agent. The Competitive Supplier will conduct subsequent opt-out mailings in the timeframe necessary as reasonably directed by the Town or its agent. In providing the notifications set forth in this Article 3.2, and in otherwise conducting the activities in Article 3.4 below, the Town and the Competitive Supplier must rely upon information provided to it by the Town, CPG or their agent or consultant for the purpose of performing its obligations. Competitive Supplier will not be responsible for any errors or omissions in connection with its notification of Eligible Consumers resulting from errors or omissions in the information provided to it by the Town, CPG or their agent or consultant. For clarification purposes, all market prices offered mailing lists (initial and subsequent) to Very Large New Consumersreceive notices pursuant to this Section 3.2 shall be requested by the Town, CPG or their agent or consultant from the Local Distributor and shared with Competitive Supplier. The Town, CPG and their agent and/or consultant acknowledge that the Competitive Supplier shall not be responsible for requesting mail listings directly from the Local Distributor.

NOTIFICATION TO NEW CONSUMERS OF OPT-OUT RIGHTS. In accordance Consistent with the requirements of all any applicable Governmental Rules, and within a reasonable time after the LDC Local Distributor notifies Competitive Supplier of the existence of a New Consumer (the “New Consumer Notice”) and has provided to Competitive Supplier such New Consumer’s account number, service and billing address, and any other necessary pertinent contact information, Competitive Supplier shall notify such New Consumer (i) of the date on which such New Consumer will be automatically enrolled in the Program, and (ii) that the Competitive Supplier will be providing All- All-Requirements Power Supply to such New ConsumerConsumer as of the same date, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, and the Program (“Opt-Out Notice”). Competitive Supplier shall mail an The Opt-Out Notice (as described in Article 5.1) shall be mailed to each such New Consumer within thirty prior to the date of automatic enrollment. The Competitive Supplier, using the Opt-Out Notice approved by the Department, shall: (30i) days after receiving notice from prominently state all charges to be assessed by the LDC. If Competitive Supplier; (ii) provide a summary of the New Consumer is prices and terms included in Exhibit A as well as fully disclose the largest industrial rate class, Competitive Supplier may contact prices and terms then being offered for Basic Service by the Local Distributor; (iii) state how such New Consumer and reasonably determine if such New Consumer is expected to consume more than 1,000,000 kWhs per year. If Competitive Supplier reasonably determines, within five (5) business days of receiving the New Consumer Notice from the LDC, that such New Consumer is expected to consume more than 1,000,000 kWhs per year, such consumer shall be designated a “Very Large New Consumer.” Any New Consumer, other than a Very Large New Consumer, that does not elect to may opt-out of the Program as provided in this section will be automatically enrolled in prior to enrollment and remain on Basic Service from the ProgramLocal Distributor; and (iv) state how all Participating Consumers, subsequent to enrollment, will be deemed a Participating Consumer, and shall be entitled to receive supply at also have the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Consumers, promptly after determining that a New Consumer is a Very Large New Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Consumer that does not elect right to opt-out at any time and return to Basic Service or choose a new Competitive Supplier without paying a fee or penalty to Competitive Supplier. All such notices must be approved in advance by the Town, such approval not to be unreasonably withheld. The above procedures also apply to New Consumers that are subsequent to the initial enrollment; however, it is the responsibility of the Program will be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to request the terms and conditions of this Agreementsubsequent New Consumer’s pertinent information from the Local Distributor, through the Town or its agent, on a quarterly basis. The Competitive Supplier shall notify is responsible for all mailings and mailing costs associated with consumer notification whether it be for the initial enrollment or subsequent enrollments. The Competitive Supplier will maintain a complete list of opt-outs throughout the life of the contract whether received prior to the initial enrollment or after accounts have been enrolled. Upon request, the Competitive Supplier will make this opt-out list available to the Town or its agent. The Competitive Supplier will conduct subsequent opt-out mailings in the timeframe necessary as directed by the Town or its agent. In providing the notifications set forth in this Article 3.2, and in otherwise conducting the activities in Article 3.4 below, the Competitive Supplier must rely upon information provided to it by the Town or its agent for the purpose of all market prices offered performing its obligations. Competitive Supplier will not be responsible for any errors or omissions in connection with its notification of Eligible Consumers resulting from errors or omissions in the information provided to Very Large New Consumersit by the Town or its agent.

NOTIFICATION TO NEW CONSUMERS OF OPT-OUT RIGHTS. In accordance No less frequently than on a quarterly basis, Competitive Supplier will obtain lists of New Consumers from the Local Distributor, through the Town or its agent. For all New Consumers, Consistent with the requirements of all any applicable Governmental Rules, and within a reasonable time after the LDC Local Distributor notifies Competitive Supplier of the existence of a New Consumer (the “New Consumer Notice”) and has provided to Competitive Supplier such New Consumer’s account number, service and billing address, and any other necessary pertinent contact information, Competitive Supplier shall notify such New Consumer (i) of the date on which such New Consumer will be automatically enrolled in the Program, and (ii) that the Competitive Supplier will be providing All- All-Requirements Power Supply to such New ConsumerConsumer as of the same date, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, and the Program (“Opt-Out Notice”). Competitive Supplier shall mail an The Opt-Out Notice (as described in Article 5.1) shall be mailed to each such New Consumer within thirty prior to the date of automatic enrollment. The Competitive Supplier, using the Opt-Out Notice approved by the Department, shall: (30i) days after receiving notice from prominently state all charges to be assessed by the LDC. If Competitive Supplier; (ii) provide a summary of the New Consumer is prices and terms included in Exhibit A as well as fully disclose the largest industrial rate class, Competitive Supplier may contact prices and terms then being offered for Basic Service by the Local Distributor; (iii) state how such New Consumer and reasonably determine if such New Consumer is expected to consume more than 1,000,000 kWhs per year. If Competitive Supplier reasonably determines, within five (5) business days of receiving the New Consumer Notice from the LDC, that such New Consumer is expected to consume more than 1,000,000 kWhs per year, such consumer shall be designated a “Very Large New Consumer.” Any New Consumer, other than a Very Large New Consumer, that does not elect to may opt-out of the Program as provided in this section will be automatically enrolled in prior to enrollment and remain on Basic Service from the ProgramLocal Distributor; and (iv) state how all Participating Consumers, subsequent to enrollment, will be deemed a Participating Consumer, and shall be entitled to receive supply at also have the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Consumers, promptly after determining that a New Consumer is a Very Large New Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Consumer that does not elect right to opt-out of the Program will at any time and return to Basic Service or choose a new Competitive Supplier without paying a fee or penalty to Competitive Supplier. All such notices must be enrolled approved in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted advance by the Competitive Supplier pursuant Town, such approval not to the terms and conditions of this Agreementbe unreasonably withheld. The Competitive Supplier shall notify is responsible for all mailings and mailing costs associated with consumer notification whether it be for the initial enrollment or subsequent enrollments. The Competitive Supplier will maintain a complete list of opt-outs throughout the life of the contract whether received prior to the initial enrollment or after accounts have been enrolled. Upon request, the Competitive Supplier will make this opt-out list available to the Town or its agent. The Competitive Supplier will conduct subsequent opt-out mailings in the timeframe necessary as directed by the Town or its agent. In providing the notifications set forth in this Article 3.2, and in otherwise conducting the activities in Article 3.4 below, the Competitive Supplier must rely upon information provided to it by the Town or its agent for the purpose of all market prices offered performing its obligations. Competitive Supplier will not be responsible for any errors or omissions in connection with its notification of Eligible Consumers resulting from errors or omissions in the information provided to Very Large New Consumersit by the Town or its agent.

NOTIFICATION TO NEW CONSUMERS OF OPT-OUT RIGHTS. In accordance with the requirements of all applicable Governmental Rules, and within a reasonable time after the LDC notifies Competitive Supplier of the existence of a New Consumer (the “New Consumer Notice”) and has provided to Competitive Supplier such New Consumer’s account number, service and billing address, and any other necessary contact information, Competitive Supplier shall notify such New Consumer that the Competitive Supplier will be providing All- Requirements Power Supply to such New Consumer, subject to the opt-out provisions of the M.G.L. c. 164, § 134, the Plan, and the Program Opt-Out Notice. Competitive Supplier shall mail an Opt-Out Notice (as described in Article 5.1) to each such New Consumer within thirty (30) days after receiving notice from the LDC. If the New Consumer is in the largest industrial rate class, Competitive Supplier may contact such New Consumer and reasonably determine if such New Consumer is expected to consume more than 1,000,000 kWhs per year. If Competitive Supplier reasonably determines, within five (5) business days of receiving the New Consumer Notice from the LDC, that such New Consumer is expected to consume more than 1,000,000 kWhs per year, such consumer shall be designated a “Very Large New Consumer.” Any New Consumer, other than a Very Large New Consumer, that does not elect to opt-out of the Program as provided in this section will be automatically enrolled in the Program, will be deemed a Participating Consumer, and shall be entitled to receive supply at the prices listed in Exhibit A pursuant to the terms and conditions of this Agreement. For Very Large New Consumers, promptly after determining that a New Consumer is a Very Large New Consumer, Competitive supplier shall quote a price at then prevailing market rates. Any Very Large New Consumer that does not elect to opt-out of the Program will be enrolled in the Program, be deemed a Participating Consumer, and be entitled to receive supply at the market price quoted by the Competitive Supplier pursuant to the terms and conditions of this Agreement. The Competitive Supplier shall notify the Town City of all market prices offered to Very Large New Consumers.