Epcot Electric Terms of Service for Residential Fixed Rate Products

This Terms of Service Agreement explains all necessary and pertinent information regarding your electric service with Epcot Electric. Upon acceptance of this agreement, you are authorizing Epcot Electric to arrange for purchase and delivery of electricity from any source to the electricity accounts associated with your name or address. As your REP, Epcot Electric will arrange for the delivery of electricity from your Local Energy Delivery Company, also known as the Transmission and Distribution Service Provider (TDSP), to your service location pursuant to the Terms of Service Agreement. If you would like an additional copy of this Agreement, please contact our Customer Service at the phone number or e-mail address below. Esta información está disponible en español. Por favor, llame al 713-552-0770 Epcot Electric en Houston o al número gratuito 1-866-552-0770 fuera de Houston. Contact Information: Name: Mailing Address: Internet Address: E-mail Address: Telephone Number: Toll-Free Number: Fax Number: Hours: Epcot LLC DBA Epcot Electric 2500 West Loop South Suite 530 Houston, TX 77027 www.epcotelectric.com customercare@epcotelectric.com 713-552-0770 1-866-552-0770 713-552-0786 Monday – Thursday 8:30 am – 7:00 pm CST Friday 8:30 am – 5:30 pm CST Saturday 9:00 am – 1:00 pm CST # 10134

PUCT License:

Customer Information: By entering into this Agreement, you are authorizing Epcot Electric to use any information deemed necessary to provide you with electricity service. This information may include, but is not limited to, your address, telephone number, account number, account number, historical usage data, payment and credit history and other information. This information may be gathered from you, your TDSP, or your current Retail Electric Provider (REP). Terms and Renewal: This Agreement will be effective from the date you sign the agreement. The initial term of this agreement will be defined as the period of time starting on the date of the initial meter reading by your TDSP and will end after twelve consecutive months. Epcot Electric cannot guarantee a switch of your account to Epcot Electric will occur by a specific date. Epcot Electric shall not be liable for delays in this process. Immediately after this term, the terms and conditions of this Agreement will automatically default to a month to month variable rate pricing product. Contract Residential Pricing: The price rate you will be paying for electric service with Epcot Electric is a fixed rate as reflected on the Electricity Facts Label for your specific plan. The total average price per kilowatt-hour (kWh) includes the cost for electricity generation, monthly kWh usage, monthly base charge and costs of delivering electricity to your residence. It excludes all state and local taxes and the miscellaneous gross receipts tax reimbursement. Your price is subject to change and may increase or decrease during the term of this Agreement for any reason to reflect actual changes in: (a) TDSP delivery charges or surcharges; (b) changes to the Electric Reliability Council of Texas or Texas Regional Entity administrative fees charges to loads; (c) charges resulting from federal, state, or local laws that impose new or modified fees or costs on a REP that are beyond the REP’s control; or (d) Epcot Electric determines in its sole discretion that the rate class or type of service originally designated by ERCOT, Epcot Electric, or you is incorrect. Thirty days prior to the end of your initial contract term with Epcot Electric, Epcot Electric will notify you with a contract expiration notice. If you do nothing, your contract will default to a month-to-month variable rate with no early termination fee. The price per kilowatt-hour for electricity under this variable plan will vary on a month-to-month basis as determined by us and will not change more than once a month. Your actual price will be shown on each monthly bill statement and will be used to calculate your amount due based on your month’s usage. Please refer to the Terms of Service for Residential Variable Rate Products for more information. Changes to Terms of Service: Epcot Electric will provide you with forty-five calendar days advance written notice of

any material changes in your Terms of Services, either in your bill or in a separate mailing. No notice will be provided for any changes that benefit you. This notice will be clearly labeled “Important Notice Regarding Changes to Your Contract.” The changes will become effective on the date stated in the notice unless you cancel your Agreement. If you accept the changes, no further action will be necessary. If you do not accept the changes, you may cancel your Agreement no later than ten calendar days before the effective date of the change without charge or penalty. Cancelling this Agreement will not excuse you from paying all outstanding balances on your account. Material Change: Epcot Electric reserves the right to change or cancel at any time without notice any benefits, rewards, or bonuses provided to customers that may be provided by a third party. Customer Cancellation Rights: You have the right to cancel your switch with Epcot Electric without any fee or penalty within three federal business days of receiving this Terms of Service document. If you agree with the terms of this Agreement, then no further action is required. You may also cancel without penalty if you move to another location and provide evidence of the move (i.e. a forwarding address and any other evidence that you longer occupy the service location) and agree to provide Epcot Electric at least fourteen days advance notice of your move out date. To cancel this Agreement, please call us or fax us at the contact information on the first page of this Terms of Service document. Please have the following information handy prior to your call: your name, address, account number, and social security number. If your cancellation requires an early meter read, you will be charged a fee set by your TDSP. Regardless of the method or reason for cancellation of this Agreement, you are responsible for payment of all outstanding charges incurred through the date on which the cancellation is effected by the TDSP. If you cancel this Agreement for any reason other than the reasons specifically stated to have no penalty, an early termination fee found in the Electricity Facts Label for your specific plan will be assessed. If you move out of your service address without cancelling your Agreement with Epcot Electric, you will be responsible for payment of all outstanding balances and charges on your account until you inform Epcot Electric that you would like the service to be cancelled. Our Right to Cancel: Epcot Electric has the right to terminate this Agreement and your service if evidence surfaces that any information you have submitted to Epcot Electric in reference to signing up for electricity service is fraudulent or untrue. Cancellation of this Agreement by Epcot Electric does not excuse you from pay for all outstanding balances on your account. Refusal of Service: Epcot Electric may refuse to provide you with service: (1) if you have inadequate facilities, (2) if you use prohibited equipment or attachments, (3) if you have the intent to deceive, (4) for indebtedness, (5) for failure to pay guarantee, (6) for failure to comply with credit requirements, or (7) for any other reason that is not otherwise discriminatory pursuant to §25.471(c) of this title (relating to General Provisions of Customer Protection Rules). For more information, please refer to the PUCT Substantive Rules §25.477 “Refusal of Electric Service” at http://www.puc.state.tx.us/rules/subrules/electric/25.477/25.477.pdf. Credit Requirements and Deposits for Residential Customers: Epcot Electric may use credit-reporting agencies to document and evaluate your credit and/or payment history. Epcot Electric has the right to collect security deposits in the event you do not meet the credit requirements or cannot demonstrate satisfactory credit. The credit requirements are as follows: • You have a good credit rating or report with your previous energy company or a consumer reporting agency and proof or written reference can be provided to Epcot Electric as defined by the Federal Trade Commission You have not paid an electric bill late more than once in the previous twelve months You have not had you electric service terminated or disconnected for not paying a bill in the previous twelve months of service You are over the age of sixty-five and can provide evidence with a driver’s license or a state issued identification card. You are a victim of family violence and can provide Epcot Electric with a certified letter developed by the Texas Council on Family Violence as evidence You are medically indigent and can provide Epcot Electric with the proper documentation each year you

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are eligible For customers who enroll more than one Electric Service Identifier (ESI ID) or one premise with Epcot Electric, a security deposit may be required for each ESI ID. If your services at any ESI ID is disconnected for any reason and once Epcot Electric is no longer your REP of record, any security deposit amount you have paid (including any accrued interest) will be applied to any outstanding balances on your account. The amount of your security deposit will vary. The sum shall not exceed an amount greater than either the sum of the estimated billings for the next two months or one-fifth of the estimated annual billing. If feel that you meet any of the aforementioned credit requirements, please contact Epcot Electric’s Customer Service Department and provide any necessary documentation. Epcot Electric will review your submission and provide you with a response as to whether you qualify to have your required security deposit waived. In the event a security deposit is required of you, you must provide either a written letter of guarantee or a cash deposit or other verifiable funds (credit card or money order). You may be asked to pay a security deposit if one was not required when you first enrolled, if you were late paying your bill more than once during the previous twelve months of service, or if you had your services disconnected for non-payment during the last twelve months of service. Epcot Electric may also send you a disconnection notice for non-payment of a required security deposit, and you will have ten days after we issue the disconnect to pay the deposit. After you have paid your bills on time for twelve consecutive months, Epcot Electric will refund your security deposit amount plus any accrued interest. If Epcot Electric is no longer your REP of record, your security deposit (plus any accrued interest) will be applied to your electricity account and any other amount owed by you to Epcot Electric. If there is a credit on your account, you will receive a final bill showing the credit. Any remaining credit will be refunded to you. You will receive a final bill if there is still an outstanding balance on your account. If you pay your security deposit, you will be paid interest on the amount annually. The interest rate is set up the PUCT in December of the preceding year. If your deposit is held for less than a year, the interest will be prorated and paid based on the number of months it was held. On security deposits held for less than thirty days, no interest will be paid. For customers that qualify for Texas’s low-income discount program: Upon verification, if your security deposit exceeds $50.00, you may pay the deposit in two equal installments. The first installment is due no sooner than ten days after your application is approved and processed. The second installment is due no sooner than forty days from the date we give you notice of your security deposit requirement. Right to Disconnect: Epcot Electric reserves the right to disconnect your electric service if you do not pay your deposit (if applicable) or your bill in full by the due date. You will receive written notification ten days prior to disconnecting your electric service. Epcot Electric may disconnect your electric service without prior notice immediately if: (1) there is an existence of a known dangerous condition; (2) where service is connected without authority by a person who has not made application for service; (3) where service is reconnected without authority after disconnection for nonpayment; (4) where there has been tampering with equipment; or (5) where there is evidence of theft of service. Billing and Payment Terms and Options: You will receive a monthly bill from Epcot Electric. All bills are due and payable sixteen days after issuance. Bills shall be deemed past due at the close of business on the day the bill is due. Late payments, delinquent or past due balances may result in a penalty equal to five percent of the month’s past due amount. A $26.00 insufficient funds fee per transaction will be assessed against any transaction not processed due to insufficient funds or credit availability for any method of payment. If you use a third party payment provider to pay your Epcot Electric bill, you may be assessed a fee for payment transactions by that third party provider. If you select an automatic bank draft or credit/debit card option (or “AutoPay”), please continue to remit payment until you receive written notification that that your request has been accepted and is scheduled to begin. If you select the “AutoPay” option and funds are not available in your account when

Epcot Electric attempts to process your payment, or if the payment is returned or dishonored, you will be responsible for forwarding a payment to Epcot Electric. If a payment is not received by your due date, the late fee charge of five percent will be assessed to your account. Epcot Electric will notify you if your funds were unavailable. You are responsible for any fees, charges or costs incurred by you in connection therewith. Please notify Epcot Electric in writing to discontinue your participation in the “AutoPay” program or if there are any changes affecting your bank account or credit/debit card or to change the account information from which your electricity account is paid. The written notice must be received at least 45 days before your payment due date or the change may not be implemented until your next payment due date. Epcot Electric reserves the right to cancel your participation in the “AutoPay” program if your payment is returned or dishonored. Your monthly bill will include a $4.95 monthly fee, an electricity price (which includes the cost of generating electricity, kilowatt-hour usage, and delivery of the electricity to your service address), and all applicable federal, state and local taxes and the miscellaneous gross receipts tax reimbursement. There will be a monthly recurring charge from your TDSP labeled as “Advanced Metering Cost Recovery Factor,” and on occasion, you may be required to pay nonrecurring fees and charges as required or allowed by the Public Utility Commission of Texas (PUCT) rules, including, but not limited to, fees and charges relating to establishing, switching, disconnecting, or reconnecting electric service. Charges will be listed as a separate line item on your monthly electricity bill. For more information, please refer to the section of the Terms of Service labeled as “Other TDSP Fees.” Payment Options: Epcot Electric has the following payment options available to you: (1) by mail; (2) by calling Epcot Electric Customer Service and paying over the phone with a credit/debit card or ACH payment; (3) online through Epcot Electric website under “My Account”; (4) sign up for Epcot Electric “AutoPay” program; or (5) in person at Epcot office. Promotional Plans Requiring “AutoPay”: In the event you opt to sign up for a promotional fixed rate product that requires AutoPay, you must set up an automatic payment arrangement. The amount due will be debited from your credit/debit card or banking account on the due date of each monthly statement. If you decide to have the AutoPay feature removed at any time during the course of your term, then your rate plan will be switched to the next available plan not requiring AutoPay. If your payment declines two consecutive times due to insufficient funds, the contract will be breached, and you have one of two options: (1) the early termination fee noted on your Electricity Facts Label will be assessed, or (2) you will complete the remainder of your term with a contract rate of 12.5¢ per kilowatt-hour. Service Suspension, Disconnection of Service for Nonpayment and Deactivation: Epcot Electric reserves the right to disconnect your electric service if you do not pay your deposit (if applicable) or your bill in full by the due date. If you do not pay your bill by your due date, a late fee of five percent of the balance owed will be applied, and Epcot Electric will send you a disconnect notice ten calendar days before the disconnection of your electric service. Prior to the due date of the disconnection notice, you have two options: (1) you can pay your bill in full; or (2) you can contact Epcot Electric to see if you qualify for a payment arrangement. Otherwise, your electricity may be disconnected for nonpayment. You will be liable for all fees and charges associated with any disconnection and reconnection of electric service. For more information, please refer to “Other TDSP Fees” and “Your Rights as a Customer.” If you have multiple premises on one account and you are disconnected for nonpayment for one premise, then all premises under that account are subject to disconnection as well. Payment Arrangements: If you are unable to pay your bill on time, please contact Epcot Electric to see if you qualify for a payment arrangement. Failure to make timely payments while participating in one of Epcot Electric’s bill payment plans will result in removal from the payment plan, collection activity, and possible disconnection of your electric service. Epcot Electric has the following payment arrangement plans: • Levelized Billing – Allows you to pay a set amount each month for your electric services. The amount you pay will be determined by reviewing the most current twelve months of your previous billings and dividing the total for the twelve months into equal amounts. After one year, your account will be reviewed to see if there is any overbilling or under-billing, and Epcot Electric will credit or bill your account as

necessary. Deferred Payment Plan – Allows you to pay an outstanding bill in installments that extend beyond the due date of your next bill. There are certain conditions that must be met before you qualify for this payment arrangement. If you qualify for a Deferred Payment Plan, you may be required to make a small down payment that is no more than 25% of the amount due. Payment Extension – Grants you a short term extension to pay the full balance owed on your account.

To see if you qualify for a payment arrangement or for more information, please contact Epcot Electric. Bill Payment Assistance Program: Epcot Electric has teamed up with a local assistance agency to help those in pay with their electric bills. If you would like to donate, please refer to your monthly statement. There will be a donation check box underneath the payment box. If you would like more information on the Bill Payment Assistance Program, please contact Epcot Electric. Complaint / Dispute Resolution: Please contact us if you have specific comments, questions, complaints, or billing questions by calling or e-mailing our Epcot Electric Customer Service Department. Our friendly, knowledgeable Customer Service Representatives are trained to research and resolve your customer inquiries. We will do everything we can to make sure your problem is handled and you are pleased with our service. If you are not satisfied with our attempt to resolve the problem, you may file a complaint with our company and request a supervisor to conduct a full review. If we fail to resolve your dispute, it is your right to file a complaint with the Public Utility Commission of Texas (PUCT). Their contact information is as follows: Toll Free: Austin: TTY: Fax: Website: E-mail: 1-888-782-8477 512-936-7120 1-800-735-2988 1-512-936-7003 www.puc.state.tx.us customer@puc.state.tx.us

Public Utility Commission of Texas Customer Protection Division PO BOX 13326 Austin, TX 78711-3326

Outage Contact Information: In the event of an outage in your area, please call your Transmission Distribution Service Provider (TDSP). CenterPoint Energy: Direct: 713-207-2222 Toll-free 1-800-332-7143 ONCOR Electric Delivery: 1-888-313-4747 Texas New Mexico Power (TNMP): 1-888-866-7456 AEP (WTU & CP&L) 1-866-223-8508

Discrimination: Epcot Electric will not deny service or require a prepayment or deposit for service based on a customer’s race, creed, color, national origin, ancestry, gender, marital status, lawful source of income, disability, familial status, location in an economically distressed geographic area, or qualification for low-income or energy-efficiency programs and services. For residential customers, Epcot Electric will not use a credit score, a credit history, or utility payment data as basis for determining the price for electric service for a product with a contract term of twelve months of less for an existing residential customer or in response to an applicant’s request to become a residential customer. Force Majeure: Epcot Electric will endeavor to provide service in a commercially reasonable manner, but do not guarantee a continuous supply of electricity. Certain causes and events are out of our reasonable control and may result in interruptions in service. Epcot Electric will not be liable for any such interruptions. Epcot Electric does not generate electricity, nor does Epcot Electric transmit or distribute electricity. We are not liable for damages caused by acts of God, acts of any governmental authority (including the PUCT or ERCOT), accidents, strikes, labor troubles, required maintenance work, inability to access the TDSP system, nonperformance by the

TDSP, delay of deregulation, changes in laws, rules, regulations, practices or procedures of any governmental authority or ERCOT, or any other cause beyond our reasonable control. Limitations of Liabilities: Liabilities not excused by reason of force majeure or otherwise shall be limited to direct actual damages and amounts billed for energy. Neither party will be liable to the other for consequential, incidental, punitive, exemplary, or indirect damages. Epcot Electric is not liable for interruptions to or shortages of electricity supply nor any associated loss or damage that result from the said interruptions or shortages. Lost profits or penalties of any nature are hereby waived; these limitations apply without regard to the cause of any liability or damage. There are no third party beneficiaries to this Agreement. In the event that any provision of this Agreement is held unenforceable, the remaining provisions shall still remain valid. Representations and Warranties: The electricity sold under this Agreement will meet the applicable TDSP’s quality standards and will be supplied from a variety of sources. Epcot Electric makes no representations or warranties other than those expressly set forth in this Agreement, and Epcot Electric expressly disclaims all other warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose. Assignment: You may not assign this Agreement, in whole or part, or any of its rights or obligations hereunder without the prior written consent of Epcot Electric. Epcot Electric may, without your consent: (a) transfer, sell, pledge, encumber, or assign this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial agreement; (b) transfer all or substantially all of the assets of Epcot Electric; and/or (c) transfer or assign this Agreement to a certified REP. In the case of (a), (b), or (c), any such assignee shall agree in writing to be bound by the terms and conditions hereof. Upon such an assignment, you agree that Epcot Electric shall have no further obligations hereunder. Excuse: If an event occurs which makes it impossible for Epcot Electric to perform under this Agreement, such as an act of God, extraordinary weather occurrence, war, civil disturbance, or other national emergency, Epcot Electric’s performance under this Agreement shall be excused for the duration of such event. Governing Law: This Agreement shall be governed by and construed, enforced and performed in accordance with the laws of this State of Texas and venue shall be proper in Harris County, Texas. The provisions of the Uniform Commercial Code (UCC) shall apply to this Agreement. Electricity shall be a “good” for purposes for the UCC. Miscellaneous: This Agreement is subject to applicable laws and supersedes any previous promises, understandings and agreements. If any condition of this Agreement is deemed invalid, illegal, or otherwise unenforceable, Epcot Electric agree that it will be modified to the minimum extent necessary for it to be valid, legal and enforceable. If a condition cannot be modified in a manner that would make it valid, legal and enforceable, the stipulation shall be removed from the Agreement. All other conditions will remain in full force and effect. Any failure on the part of Epcot Electric to enforce any of the terms of this Agreement or to exercise any right under these terms and conditions will not be considered a waiver of Epcot Electric’s right to enforce and exercise any right under these terms and conditions.