1. Agency- Section 1, Page 1
2. Agreement(s) Expiration/Renewal Provisions/Change in Terms- Section 3, Page 2
3. Arbitration - Section 21, Page 5
4. Assignment- Section 12, Page 4
5. Cancellation Provision- Section 10, Page 3
6. Class Action Waiver and Other Restrictions – Section 22, Page 6
7. Contact Information- Section 17, Page 5
8. Delay or Failure to Exercise Rights- Section 24, Page 6
9. Dispute Resolution- Section 18, Page 5
10. Early Termination Fee- Section 11, Page 4
11. Environmental Disclosure- Section 5, Page 2
12. Force Majeure- Section 15, Page 4
13. Fulfillment/LED Bulb Offer – Section 6, Page 2
14. Information Release Authorization- Section 13, Page 4
15. Length of Agreement(s) - Section 2, Page 1
16. Liability- Section 16, Page 5
17. Natural Gas and/or Electricity Pricing and Billing- Section 4, Page 2
18. Parties Bound- Section 25, Page 6
19. Regulatory Changes- Section 20, Page 5
20. Right of Rescission- Section 9, Page 3
21. SFE Energy’s Green Programs- Section 7, Page 3
22. Taxes and Laws- - Section 19, Page 5
23. Title- Section 8, Page 3
24. Waiver of Jury Trial - Section 23, Page 6
25. Warranty - Section 14, Page 4

--To: SFE Energy New Jersey, Inc. (“SFE”) and the local Natural Gas utility and Electric Distribution Company for the service address (“Service Address”) on the Agreement(s).

TERMS AND CONDITIONS

1. Agency. SFE is licensed by the New Jersey Board of Public Utilities (“BPU”) to offer and supply natural gas (GSL0138) and electric generation service (ESL- 0157) in New Jersey. You hereby appoint SFE as agent for the purposes of (i) acquiring the supplies necessary to meet Your Natural Gas supply and/or electric generation service needs, and (ii) arranging, contracting for and administering transportation and related services over transportation/transmission facilities and those of the NGU/EDC needed to deliver Natural Gas supply and/or electric generation service to Your Service Address. The Agreement(s) is/are for the sale and purchase of Natural Gas supply and/or electric generation service and is between SFE and You under which You shall initiate Natural Gas supply and/or electric generation service and begin enrollment with SFE. Subject to the Terms and Conditions of the Agreement(s), SFE agrees to sell and deliver, and You agree to purchase and accept the quantity of Natural Gas supply and/or electric generation service, as estimated by SFE, necessary to meet the requirements based upon consumption data obtained by SFE or the delivery schedule of Your NGU/EDC. The amount of Natural Gas supply and/or electric generation service -delivered under the Agreement(s) is/are subject to change based upon data reflecting Your consumption obtained by SFE or the NGU/EDC delivery schedule. You acknowledge that You are the account holder, or spouse of the account holder, over the age of eighteen (18) and authorized to make account decisions. You will receive a confirmation notice from Your NGU/EDC informing You that You have chosen SFE as Your Natural Gas and/or electric power supplier.

2. Length of Agreement(s). You acknowledge that the commencement of the Agreement(s) begins on the date on which You have signed the Agreement(s) ("Start Date"). You acknowledge that the service under the Agreement(s) depends upon the date on which Your NGU/EDC completes all applicable switching and enrollment processes (“Supply Date”). You further acknowledge that the timing for the NGU/EDC's completion of the switching and enrollment processes is beyond SFE's control, and SFE makes no warranties as to Your Supply Date. The end date (“End Date”) of the Agreement(s) is/are the meter reading date after the entire Term of the Agreement(s) (“End Date”), as indicated on the Supplier Contract Summary, from the Supply Date, plus any time required to obtain a final meter read. The Term of Your Agreement(s) is/are the period from the Supply Date to the End Date.

3. Agreement(s) Expiration/Renewal Provisions/Change in Terms. You will receive advance notice before the contract expires and/or when SFE proposes any changes to Agreement Terms. The notice will be sent at least thirty (30) days prior to expiration or the effective date of any changes to the terms of Your Agreement(s). At the end of Your initial term (“Initial Term”) with SFE, Your service with SFE will automatically renew on a month to month term. Once Your Agreement(s) has automatically renewed under the current Terms and Conditions, You or SFE can provide the other with at least thirty (30) days written notice if either party wishes to cancel the Agreement(s). You can also contact SFE to discuss new pricing plans, choose to return to default utility service or change energy suppliers.

4. Natural Gas and/or Electricity Pricing and Billing. The price You will pay to SFE for natural gas supply and/or electric generation service (“Price”) is based upon the product indicated on the contract summary page(s) of the Agreement(s). Fixed Price: If You have selected the Fixed Price option, the Price You will pay to SFE for natural gas and/or electric generation service is as indicated on the contract summary page(s) of the Agreement(s) and includes the cost of SFE Energy’s Earth Save program if indicated on the contract summary page(s) of the Agreement(s) (see Section 7). ). Daily Flat Rate: If you have selected the Daily Flat Rate Price option You will pay to SFE is a daily charge, as indicated on the contract summary page(s) of the Agreement(s). You will be billed on a monthly basis, based on Your NGU/EDC billing cycle, for Your natural gas and/or electric generation service. You are eligible for this Program if Your annual consumption does not exceed 1,500 therms for Natural Gas and/or 15,000 kWh for Electricity supply. SFE reserves the right to decline the Agreement(s) should Your annual consumption exceed the aforementioned consumption thresholds. In addition, SFE may pass through or allocate, as the case may be, any increase or decrease in our costs, or cost components related to the -Natural Gas supply and/or electric generation service and related products and services that results from implementation of a new or changes, including changes to rate calculation to any law, rule, regulation, ordinance, statute, judicial decision, administrative order, ISO business practice or protocol, NGU/EDC or ISO tariff, rule of any regulatory commission or agency with jurisdiction in the state which where the accounts are located (“Pass Through”). If SFE proposes a Pass Through, you will be contacted by SFE at least forty-five (45) days prior to the proposed change in Price. If you do not consent to the -proposed change in Price, SFE reserves the right to cancel your Agreement(s). Unless otherwise agreed to in writing, the Price for the Agreement(s) shall be as indicated on the Supplier Contract Summary, and the Natural Gas supply and/or electric generation service charges does not include NGU/EDC distribution service and other NGU/EDC related charges which are separate amounts that You must pay to the NGU/EDC. If Your NGU/EDC does not bill You for SFE’s charges, then SFE may choose to bill You, or return You to Your NGU/EDC utility supply service.

Customer Charge: You may be subject to a monthly customer charge in the amount of $7.44 per commodity. Where expressed as monthly amount, the monthly amount is based on a thirty (30) day month and may be prorated based on Your NGU/EDC billing cycle.

5. Environmental Disclosure. You can find the New Jersey environmental disclosure on the SFE website at http://www.sfeenergy.com/newjerseyenvirmentaldisclosure.

6. Fulfillment/LED Bulb Offer. Should the Agreement(s)become effective in accordance with Section 2 of the Terms and Conditions, SFE will issue four (4) free energy saving LED light bulbs (“LED bulbs”) to the Billing Address. LED bulbs will be sent after You contact SFE (see Section 17) with the request. To be eligible You must have received continuous, uninterrupted service from SFE for a minimum of three (3) months for the Natural Gas and/or Electricity from the Supply Date and be an active customer at the time of Your request. All LED bulbs offered under this Agreement will be covered by a lifetime warranty as long as You remain enrolled in the Fixed and/or Flat Plan. Please contact SFE (see Section 17) for any warranty inquiries.

7. SFE Energy’s Green Programs. For the purposes of the Agreement(s), Green means carbon emission reduction offsets or credits measured in metric tonnes of carbon dioxide gas or (in the case of methane or other greenhouse gases) carbon dioxide equivalent (“CO2e”) tonnes resulting from specific and identifiable actions. Green Electricity: SFE will purchase and retire, on Your behalf, an amount of verified carbon emissions reductions, instruments or allowances (“Emissions Credits”) to offset 100% (as indicated on the Supplier Contract Summary) of CO2 or CO2e produced based on Your Electricity usage. Green Gas: SFE will purchase and retire, on Your behalf, an amount of verified carbon emissions reductions, instruments or allowances (“Emissions Credits”) to offset 1.5 tonnes per 1,000 Ccf (as indicated on the Supplier Contract Summary), of CO2 or CO2e produced based on Your gas usage. SFE will ensure that all Emissions Credits associated with Your Natural Gas and/or Electricity usage will be retired on Your behalf and will not be used to offset any additional emissions or pollution. The Emissions Credits associated with the energy offsets purchased to offset Your Natural Gas and/or Electricity will remain the legal property of SFE. At the end of the Term of the Green Electricity Program and/or Green Gas Program, SFE or one of its affiliates, in partnership with American Forests, will plant a complimentary tree on Your behalf as part of a reforestation project. The location of the tree planting is determined by SFE, and will not be on the customer’s property. SFE may suspend the purchase of energy offsets at any time for any reason, at which time You will no longer be provided energy offsets, but the rest of the Agreement(s) will remain in effect. SFE reserves the right, in its sole discretion, to change this program and the environmental initiatives it supports. You acknowledge that the Price for energy offsets is not regulated. The Price for energy offsets includes Commercial Activity Tax (“CAT”) but does not include federal, state and municipal taxes.

8. Title. All Natural Gas supply and/or electric generation service sold under the Agreement(s) shall be delivered to a location considered the “Point of Delivery”, which shall be at the NGU?City Gate (located outside of the municipality where You reside) or EDC load bus, and shall constitute the point at which title transfers and the sale occurs. SFE will indemnify and hold You harmless from all taxes, royalties, fees or other charges incurred before title passes with respect to the Natural Gas supply and/or electric generation service provided in these Agreement(s).

9. Right of Rescission. If You are a residential customer, You may cancel the Agreement(s), at no cost, at any time by the seventh (7) calendar day from the date of the confirmation notice by contacting Your NGU/EDC. The Agreement(s) is/are not binding until the seven (7) day rescission period has expired and You have not rescinded Your selection of SFE as Your natural gas and/or electric power supplier. SFE is not permitted to waive Your seven (7) day right of rescission. See the attached Notice of Cancellation form for an explanation of this right.

10. Cancellation Provision. Regardless of the Price You selected, You are liable for all SFE charges until You return to the NGU/EDC default utility service or switch to another supplier. SFE reserves the right to decline the Agreement(s) if Your Natural Gas supply and/or electric generation service usage is determined by SFE to be too low. This determin-a-tion shall be at the sole discretion of SFE. You will receive a confirmation notice from your NGU/EDC confirming Your selection of SFE as Your Natural Gas and/or electric power supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading, however, if a final meter reading is unavailable, an estimate of consumption will be used in the final bill, which will be trued-up subsequent to the final meter reading. The cancellation will become effective on a date determined by Your NGU/EDC. If a new provider is not selected, cancellation of the Agreement(s) shall return You to Your NGU/EDC utility supply service. To cancel/rescind the contract, You should contact SFE by telephone or in writing (see Section 17). If SFE seeks to cancel the Agreement(s), SFE will send You advance written notice within thirty (30) days.

Reasons for cancellation may include but are not limited to:

i) Non-Payment – If Your Natural Gas supply and/or electric generation service is cancelled by Your NGU/EDC, then the Agreement(s) is/are cancelled on the date that Your Natural Gas supply and/or electric generation service is cancelled. You will owe SFE for amounts unpaid up to the date of cancellation.

ii) Company-Initiated Cancellation – If SFE cancels the Agreement(s) for any reason other than for Your non-payment, SFE will provide You with at least thirty (30) days advance written notice.

iii) Customer-Initiated Cancellation – If You cancel the Agreement(s) before the end of the Initial Term, You will owe SFE for amounts unpaid up to the date of cancellation.

iv) Relocation/Other Terms of Termination – As a result of: a) a relocation, within or outside the NGU/EDC franchise area; b) disability that renders the Customer of record unable to pay for the Natural Gas supply and/or electric generation service; c) the Customer of record’s death, You may cancel the Agreement(s) without penalty, by providing forty-eight (48) hours’ notice to SFE.

v) Net Meter Customers – SFE may cancel the electric generation service Agreement if SFE is notified that the You have a net meter.

11. Early Termination Fee. An early termination fee of $2.50, plus applicable taxes, for each month or partial month remaining on the natural gas supply and/or electric generation service Agreement(s) Term will apply if a residential customer terminates the Agreement(s) prior to the end of the Term indicated on the contract summary page(s) of the Agreement(s). This early termination fee shall apply if You cancel the Agreement(s) at any time after seven (7) calendar days of either signing or receiving a copy of the Agreement(s). For a commercial customer, an early termination fee of $0.18 per therm for the estimated usage of natural gas supply and/or $0.015 per kWh for the estimated electric generation service, plus applicable taxes, for the remainder of the Agreement(s).

12. Assignment. You may not assign Your interests in, and/or delegate Your obligations under these Agreement(s) without the express written consent of SFE. SFE may sell, transfer, pledge, or assign the accounts receivable, revenues, or proceeds hereof, in connection with any financing agreement, purchase of accounts receivables program or billing services agreement, and may assign the Agreement(s) and the rights and obligations thereunder, to another energy supplier, energy services company or other entity as authorized by the BPU, by providing You with at least thirty (30) days’ notice.

13. Information Release Authorization. You acknowledge and authorize SFE to obtain and review information regarding Your credit history from credit reporting agencies and the following information from the NGU/EDC: consumption history; billing determinants; NGU/EDC account number; credit information; and public assistance status. This information will not be disclosed to a third party unless required by law. Your execution of the Agreement(s) shall constitute authorization for the release of this information to SFE. You consent to provide SFE with a copy of Your NGU/EDC bill(s) in order to process the Agreement(s) with the NGU/EDC. SFE does not guarantee to provide or return the bill or a copy of the bill to You. This authorization will remain in effect during the Initial Term and any renewal term of the Agreement(s). You may rescind this authorization at any time by providing written notice to SFE or by calling SFE Customer Care (see Section 17). SFE reserves the right to cancel the Agreement(s) in the event You rescind the authorization.

14. Warranty. The Agreement(s) for Natural Gas supply and/or electric generation service, including applicable attachments, constitutes the entire Agreement(s) for the supply of Natural Gas and/or electric generation service between You and SFE. SFE makes no representations or warranties other than those expressly set forth in the Agreement(s), and SFE expressly disclaims all other warranties, expressed or implied, including -merchantability and fitness for a particular use.

15. Force Majeure. SFE will make commercially reasonable efforts to provide Natural Gas supply and/or electric generation service hereunder but SFE does not guarantee a continuous supply of Natural Gas and/or electric generation service to You. Certain causes and events out of the control of SFE ("Force Majeure Event(s)") may result in interruptions in service. SFE will not be liable for any such interruptions caused by a Force Majeure Event, and SFE is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include but are not limited to acts of God, fire, flood, storm, -terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the necessary distribution or transmission system, non-performance by the NGU/EDC (including, but not limited to, a facility outage on its Natural Gas and/or electricity distribution lines), changes in laws, rules, or regulations of any governmental authority or any other cause beyond SFE’s control.

16. Liability. To the fullest extent permitted by law, SFE shall not be liable for: (i) any claims, loss, injury or damages, whether based in contract, tort, strict liability or otherwise, with the exception of claims, loss, injury or damages to the extent caused by SFE’s negligence, gross negligence, recklessness or intentional wrongdoing; or (ii) any indirect, consequential or special damages of any kind, including, without limitation, lost profits, even if SFE has been advised of the possibility of such damages, and whether based in contract, tort, strict liability or otherwise. There are no thirdparty beneficiaries to this Agreement.

17. Contact Information.

For information and questions regarding the Agreement(s)
Please contact SFE at: 1‐877‐316‐6344
Monday through Friday 9:00 a.m. ‐ 9:00 p.m. EST
Saturday 12:00 p.m. ‐ 6:00 p.m. EST
(Customer Care hours subject to change)
cs@sfeenergy.com | www.sfeenergy.com | Fax: 1866‐421‐8098
PO BOX 967 Buffalo, NY 14240-0967; or 360 Route 24, Chester, NJ 07930
In the event of an energy emergency, power outage or gas leak, please call your Local Distribution Company:
Atlantic City Electric: Power Outage 1-800-833-7476
Jersey Central Power & Light: Power Outage 1-800-662-3115
New Jersey Natural Gas: Gas Leak 1-800-427-5325
PSE&G: Power Outage or Gas Leak 1-800-436-7734
South Jersey Gas: Gas Leak 1-800-582-7060
New Jersey Board of Public Utilities 1-800-624-0241
44 South Clinton Avenue, 7th Floor, Trenton, NJ 086254

18. Dispute Resolution. In the event of a question or concern, please contact SFE. You should contact SFE by telephone or in writing (see Section 17). The Parties agree to use their best efforts to resolve any dispute. If You are not satisfied after discussing Your concerns with SFE, You may contact the Board of Public Utilities at 1-800-624-0241.

19. Taxes and Laws. Except as otherwise provided in the Agreement(s) or provided by law, all taxes of whatsoever kind, nature, and description due and payable with respect to service provided under the Agreement(s), shall be paid by You, and You agree to indemnify SFE and hold SFE harmless from and against any and all such taxes to the extent permitted by law. The Agreement(s) is/are subject to present and future legislation, orders, rules, regulations, or decisions of a duly constituted governmental authority having jurisdiction over the Agreement(s) or the services to be provided hereunder. If You are exempt of any taxes, it is Your responsibility to contact SFE’s Customer Care (see Section 17) to provide such written notification, including written notification of renewed tax exemption form. Otherwise, until You provide such proof, SFE is not required to recognize any exemption or refund/credit previously paid taxes. Tax exemption will only occur on the next meter read bill after such notice is received and acknowledged. The Agree-ment(s) shall be construed under and shall be governed by the laws of New Jersey without regard to the -application of its conflicts of law principles.

20. Regulatory Changes. If, at some future date, there is a change in any law, rule, regulation or pricing structure whereby SFE is prevented, prohibited, or frustrated from carrying out the terms of the Agreement(s), SFE, at its sole discretion shall have the right to cancel the Agreement(s) by providing thirty (30) days’ notice.

21. ARBITRATION. THE PARTIES AGREE THAT, AT THE REQUEST OF EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT(S), INCLUDING ITS EXISTENCE, PERFORMANCE, INTERPRETATION, BREACH, VALIDITY, OR TERMINATION, AND WHICH ARE NOT OTHERWISE RESOLVED BY THE PARTIES SHALL BE SUBJECT TO AND FINALLY RESOLVED BY INDIVIDUAL ARBITRATION ONLY, EXCEPT THAT ANY DISPUTE OR CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT OR ANY CLAIM THAT CANNOT BE ARBITRATED UNDER APPLICABLE LAW SHALL NOT BE SUBJECT TO ARBITRATION. ANY SUCH ARBITRATION SHALL BE THE PARTIES’ SOLE AND EXCLUSIVE REMEDY. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT ANY SUCH DISPUTE WILL BE DECIDED BY A NEUTRAL THIRD PARTY OUTSIDE OF COURT AND THAT YOU AND SFE ARE WAIVING YOUR RIGHTS TO SUE IN A COURT OF LAW AND TO HAVE A JURY TRIAL REGARDING SUCH DISPUTE. YOU AGREE THAT SUCH ARBITRATION PROVIDES YOU WITH A MEANINGFUL AND AFFORDABLE WAY TO HANDLE DISPUTES RELATED TO THIS AGREEMENT. The arbitration will be administered in accordance with the Rules of Arbitration of the state where the Service Address is located. The arbitrator(s) shall not have authority to join or combine the claims of more than one person or to hear or decide any class, collective or representative action of any kind against You or SFE. The award of the arbitrator shall be final and binding and judgment on it may be entered in any court of competent jurisdiction. The arbitration shall take place in the county seat of the county in which You reside. You and SFE shall each pay their own filing and legal fees and other expenses, unless provided otherwise by law or this Agreement. The interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The arbitrator(s) selected according to the terms set forth herein shall determine the arbitrability of any matter brought to them, and their decision shall be final and binding on the Parties in all respects. This provision shall survive termination of this Agreement.

22. CLASS ACTION WAIVER AND OTHER RESTRICTIONS. ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. YOU AND SFE EXPRESSLY WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN IN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE, GROUP, JOINT, OR REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT AND ARBITRATION, ARISING FROM OR RELATED TO THIS AGREEMENT. The arbitrator's authority to resolve and make written awards is limited to Claims between You and SFE alone. Claims may not be joined or consolidated unless agreed to in writing by all Parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named Party to the arbitration. Notwithstanding any other provision in these Terms and Conditions, and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. This provision shall survive termination of this Agreement.

23. WAIVER OF JURY TRIAL. SUBJECT TO ANY AGREEMENT TO ARBITRATE BETWEEN YOU AND SFE, YOU AND SFE WAIVE THE RIGHT TO A JURY TRIAL IN ANY CLAIM OR DISPUTE ARISING BETWEEN THE PARTIES ARISING FROM OR RELATED TO THIS AGREEMENT THAT PROCEEDS IN COURT, AND AGREE THAT THE CLAIM OR DISPUTE WILL BE HEARD AND DECIDED ONLY BY A JUDGE. This provision shall survive termination of this Agreement.

24. Delay or Failure to Exercise Rights. No partial performance, delay, or failure on the part of SFE in exercising any rights under the Agreement(s), and no partial or single exercise thereof, shall constitute a waiver of such rights or of any other rights hereunder.

25. Parties Bound. The Agreement(s) is binding upon the Parties hereto and their respective successors and legal assigns.