TERMS OF SERVICE

This document summarizes thekeyterms of youragreement with

Town Square Energy, LLC (“TSE”)

THIS AGREEMENT CONTAINS ANARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WILL AFFECT CUSTOMERS’ LEGALRIGHTS. PLEASE REVIEW CAREFULLY.  

Thefollowing is your Terms of Service for your agreement with Town Square Energy,LLC (“TSE”), for the purchase of residential or small commercial electricservice (“Agreement”). TSE is licensed by the New Hampshire Public UtilitiesCommission (“NHPUC”) to offer and supply electric generation services in NewHampshire as a competitive electric power supplier (“CEPS”). The words “we”,“us”, “our” and “TSE” refer to Town Square Energy, and the words “you” and“your” refer to the Customer. This Agreement governs your purchase of electricgeneration services from TSE. TSE agrees to sell, and you agree to buy, thequantity of electricity delivered to you, as measured or estimated by yourutility/local distribution company (“LDC”). Please retain this Agreement foryour records.

1. PRICING:For each billing cycle,the price for the electricity supplied pursuant to this Agreement will becalculated by multiplying the (i) the Fixed rate or Variable rate for theelectricity by (ii) the amount of electricity consumed as determined by theLDC’s actual or estimated meter reads. Fixed rates are rates that remain thesame for the length of an agreed-upon term. If you have chosen a Fixed rateproduct the Fixed rate will be set forth on the Disclosure Summary. Variablerates are rates that fluctuate at TSE’s discretion based on a number offactors, including, but not limited to, conditions on the wholesale electricitymarket, the actual and estimated costs of obtaining electricity from allsources, capacity costs, settlement costs, costs of ancillary services, hedgingcosts, balancing costs, line loss costs, costs to comply with any applicableRenewable Portfolio Standards and TSE’s expenses and margins. Your rateincludes generation services only and does not include any applicable taxes. Ifyou have been a customer of the LDC’s default service generation rate, you maycompare your rate to the LDC’s default service rate by referring to thesupplier services portion of your most recent electric bill or the LDC’swebsite. In addition, you are responsible for paying your LDC’s distributionand transmission charges as well as any other applicable charges, such as thesystem benefits charge, stranded cost recovery charge and taxes. Please notethat Variable rates can increase without notice and may exceed your LDC’sdefault service generation rate.  Youwill not know what the price will be for the electricity used until the billhas been issued to you. You can obtain the applicable price per kWh by going toour website at www.townsquareenergy.com. Note that it may take one or more billing cycles for aprice variation to become effective. TSE’s highest and lowest variable pricesover the past 12 months can be found in Attachment A to this Agreement. 
2. GREEN/RENEWABLE ENERGY SUPPLY OPTION: If you have chosen the Green/Renewable Energy Supply option, TSE will ensure that 100% of your electricity usage is matched with renewable energy certificates.[A renewable energy certificate is a tradable, non-tangible energy commoditythat represents proof that 1 megawatt-hour (MWh) of electricity was generatedfrom an eligible renewable energy resource and was fed into the shared systemof power lines which transport energy]. TSE may take up to 24 months after theend of each calendar year under which this Agreement is in effect to addressany deficiency that may arise in the green/renewable content of electricitysold under this Agreement in the previous calendar year. If you have chosen aVariable rate product and the Green/Renewable Energy Supply Option, your ratefor the electricity supplied will be TSE’s Variable rate plus an “adder” of upto 3 cents per kWh. If you wish to cancel the Green/Renewable Energy Supply Optionyou may call TSE at 1-877-430-0093. If you have chosen a Fixed rate productwith the Green/Renewable Supply Option, it will no longer apply if your servicecontinues on a Variable rate after the Initial Term pursuant to theTERMS/FEES/NO GUARANTEE OF SERVICE section below. 
3. TERM/FEES/NOGUARANTEE OF SERVICE:For new customers of TSE, service of the Initial Term under thisAgreement will begin on a date specified by your LDC and will continue for thenumber of billing cycles specified in your Disclosure Summary. If TSE wishes torenew this Agreement after the Initial Term with another Fixed rate plan, thenprior to the end of the Initial Term, TSE will provide you with written noticeof renewal (“Renewal Notice”), including the length of the term of such renewal(“Renewal Term”) and the Fixed rate that will apply during the Renewal Term.This Agreement will automatically renew for the Renewal Term set forth in theRenewal Notice, at the Fixed rate set forth in the Renewal Notice, unless yourequest that we cancel your service as described in the Renewal Notice or youenter into a new agreement with TSE that replaces this Agreement. SubsequentFixed rate Renewal Terms will be implemented in the same manner. If TSE doesnot wish to offer you another Fixed rate plan (to follow the Initial Term orany subsequent Fixed rate Renewal Term), then prior to the end of the then-currentTerm, TSE will provide you with written notice, advising you that uponexpiration of the then-current Term your service with TSE will continue on amonth-to-month basis with a Variable rate that fluctuates at TSE’s discretionas described above in the “Pricing” section. Any notices sent to customerpursuant to this paragraph will be sent via customer’s preferred method ofcommunication. Customer acknowledges that TSE cannot guarantee a switch ofCustomer's account by a specific date and hereby holds harmless TSE from anyliability for, or arising out of, delays in this process.
4. RIGHTTO RESCIND: You have the right to cancel this Agreementuntil midnight of the fifth business day after the date that you receive thisAgreement via email or, if you receive a mailed Agreement, your right torescind extends to midnight of the sixth business day after the postmark date.In the event you were solicited in-person at your residence you have the rightto cancel this Agreement until midnight of the tenth business day after thedate that you receive this Agreement via email or, if you receive a mailedAgreement, your right to rescind extends to midnight of the eleventh businessday after the postmark date. To cancel this Agreement, you can write to us at TownSquare Energy, 2200 E Williams Field RD, Ste 200, Gilbert, AZ 85295, call1-877-430-0093, email us at [email protected] or text1-952-641-7872.
5. CANCELLATION/TERMINATION:You may cancel thisAgreement at any time and without advance notice to us. To cancel thisAgreement, you may call, mail or email TSE at the contact information providedwithin this Agreement. You may also cancel this Agreement by contracting with adifferent supplier, contracting with an aggregator granted agency authority orcontacting the LDC to select default service through the utility. When youcancel services, you agree to pay for the services provided by TSE through thedate you are switched to another electric supplier or returned to the LDC forservice. You are responsible for all charges incurred through the date on whichcancellation is effected by the LDC in addition to any Early Termination feespecified in the Disclosure Summary. Once your service has begun, it willcontinue indefinitely until canceled by either you or TSE.
6. ACCESSTO CUSTOMER INFORMATION:By entering into this Agreement, you agree that your LDC mayrelease to us certain information that we need to provide you with service,including but not limited to your address, telephone number, account numbers,historical usage information, peak electricity demand, payment history andplacement on LDC budget billing and/or payment plans. We will not give or sellyour confidential information to any unaffiliated third party, except asauthorized in NHPUC’s rules at Puc 2004.019, without your written consentunless we are required to do so by law or your account is assigned to asuccessor energy company to TSE.
7. LOW-INCOME PROGRAMS AND ELECTRIC ASSISTANCE PROGRAM (“EAP”). The EAP provides eligible residential customers with discounts on their monthly electric bills. To learn more about the EAP, including how to apply, call your local Community Action Agency. The telephone numbers and web addresses of the respective local Community Action Agencies can be found on the NHPUC’s website at https://www.puc.nh.gov/Consumer/communityactionagencies.htm. Alternatively, you may call the NHPUC at 1-800-852-3793 or 603-271-2431. Additional information regarding EAP and other assistance programs, including the Low Income Heating Assistance Program, Neighbor Helping Neighbor and Project Care, can be found on the Office of Consumer Advocate’s Assistance Program webpage at: http://www.oca.nh.gov/assistanceprograms.htm

8. SERVICEand SERVICE INTERRUPTION:TSE will supply all the electricity that you need for youraccount. TSE is a retail marketer of electricity. TSE is not your LDC. The LDCwill continue to deliver electricity to your home or business, read your meter,bill you, and make repairs. The LDC will also respond to emergencies and willremain your point of contact in the case of power outage. You acknowledge andunderstand that your LDC remains responsible for delivery of electrical powerto you. In no event shall TSE or any person or entity affiliated with TSE bedeemed responsible for service interruption or any other problem with thedelivery of electrical power to you. In the event of an emergency or poweroutage, you should call the LDC that supplies power to your local area.
9. CHANGEOF RESIDENCE/SERVICE LOCATION:You must notify both your LDC andTSE 45 days in advance of a change in your residence service location orbusiness address. A final meter read will be made at your old servicelocation/address, the account at such service location/ address will be closed,and you will be responsible to pay for the electricity delivered to suchservice location/address until the effective date of such termination.
10. BILLINGAND PAYMENT:You will normally receive one monthly bill from your LDC thatincludes the TSE generation charge and the LDC delivery charges, each withtaxes thereon. You will make payments for both the TSE generation charge andthe delivery charges directly to your LDC in accordance with your LDC’s paymentterms, including, but not limited to, price of transmission and distribution,the system benefit charge, standard cost recovery charge, and taxes.  The LDC will set the date that your paymentis due. Your bill will be based on the monthly meter reading by the LDC. In theevent that the LDC later adjusts its reading for any reason, TSE’s charges willbe similarly adjusted. Please consult your LDC’s tariffs for informationregarding late fees on delinquent payments, termination of service fornon-payment, security deposits, payment arrangement plans, and other paymentand credit terms. Please also consult your LDC’s website or tariffs forinformation regarding LDC basic service delivery rates for your electricservice. If TSE issues the bill, payment of the full amount is due twenty-five(25) days after the date the bill is mailed. If you do not pay your bill ontime, you may incur late charges and fees. We have the right to cancel this agreement upon 14-days’ written notice,if you don't pay your bill or if you don't meet any payment arrangements towhich we have both agreed. If you don't pay your LDC's charges, you may bedisconnected under the terms of the LDC's tariffs. You shall continue to beresponsible for all charges and fees incurred under the terms of thisAgreement. This Agreement allows TSE to obtain credit and other informationnecessary to collect any unpaid balance. Any and all returned checks aresubject to a returned check fee of at least $20, plus any bank fee equal to themaximum fee allowed by law. TSE does not offer budget billing.
11. CREDIT/SECURITYDEPOSIT: TSE performs a limited credit check based on name and address, with noimpact on credit history, on each potential customer. In completing thisAgreement, you authorize credit-reporting agencies to provide TSE with anyinformation the agency may have on your name and/or address in response to suchlimited credit check. TSE may require a security deposit to initiate service,depending on credit or payment history. In most cases, the deposit amount willtotal approximately three (3) months of consumption. The deposit will bereturned to you either (i) following 12 months of prompt payments on theaccount, assuming it is still active, or (ii) 90 days following the confirmeddrop date of account, net of any applicable early Termination Fee or overduesupply charges. Deposits held more than thirty (30) days will accrue interest,at an annual interest rate of 4% from the date of receipt.
12. TERMINATIONBY TOWN SQUARE:In accordance with applicable laws, rules and regulations,including those governing termination of service, TSE reserves the right toterminate this Agreement: i) if, due to your fault, your LDC is unable to readyour meter for 3 consecutive months, or ii) if at some future date there is achange in any law, regulation, market rule or tariff that materially impairsTSE’s ability to fulfill its obligations under this Agreement. We will provideyou with at least 15 days’ prior written notice of our intent to terminate thisAgreement for any of the reasons specified in i) or ii) above. In addition, wereserve the right to terminate this Agreement at any time for our convenience withadvance written notice to you of at least 30 days. Upon termination of theagreement by you or us, you will be responsible for all TSE generation chargesincurred hereunder until your account is transferred to LDC default service orto another competitive electricity supplier.
13. REBATE PROGRAMS: Fromtime-to-time TSE may offer a rebate program for new customers who enroll withTSE and maintain active accounts with TSE for a specified period of time. To beeligible to earn a rebate under any such rebate program, you will have 60 daysto complete a validation process in accordance with the instructions that willbe provided to you. You will also have to be an active customer of TSE, in goodstanding, at the time the rebate is to be issued in order to qualify for therebate. Rebate amounts appearing in TSE’s advertising materials or presentedorally to potential customers are merely examples of rebate amounts thatcustomers might be eligible to receive. The actual amount of any rebate will becomputed by reference to your actual usage over the term of this Agreement,which may vary substantially from any estimate provided. Any rebate earned byyou will be sent to you at the address that you provide during the validationprocess. Rebates can be issued in a variety of forms including, but not limitedto, checks, stored-value cards, or electronic gift cards. Stored-value cardsand electronic gift cards will be issued by an issuing bank, pursuant to adirect relationship between you and the issuing bank, and will be subject tothe terms and conditions of a Cardholder Agreement. Stored-value cards andelectronic gift cards will expire 6 months after issuance.
14. COMPLAINTS,DISPUTE RESOLUTION,MANDATORY ARBITRATION and CLASSACTION WAIVER:Please contact a TSE customer service representative by telephoneor via email if you have questions or concerns regarding your bill or ourservice. If you are not satisfied with our initial attempt to resolve theproblem, we ask that you request to have your issue escalated within ourorganization. If you remain unsatisfied, or if you have questions about yourrights and responsibilities, you may seek assistance from the NHPUC, includingthe right to request a hearing pursuant to Rules Puc 2005.07 and Puc 204. Youmay contact the NHPUC at 1-800-852-3793. Any dispute, controversy orclaim arising out of, or related to, TSE’s services under this Agreement thatis not resolved directly between the parties or by the NHPUC (collectively, the“Claims”), shall be resolved by arbitration before the American ArbitrationAssociation (“AAA”) conducted under the AAA Commercial Rules and, if Customeris a residential customer, the Consumer-Related Disputes SupplementaryProcedures.

BYENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES INCOURT, AND THE RIGHT TO A JURY TRIAL. THE ABILITY TO CONDUCT DISCOVERY INARBITRATION IS LIMITED AND THE ARBITRATOR’S DECISION IS SUBJECT TO VERY LIMITEDREVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT ACOURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITSOWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THISARBITRATION PROVISION.

THEPARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAYBE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMITCLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. FURTHER,CUSTOMER WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ORAS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TOARBITRATION. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOTOTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THEEVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE,THEN THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION WILL REMAIN IN FORCE.JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVINGJURISDICTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE,AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENTOF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THISAGREEMENT.

15. ASSIGNMENT:This Agreement shallextend to and be binding upon our respective successors and permitted assigns;provided, however, that you may not assign this Agreement without our priorwritten consent. We may sell, transfer, pledge, encumber, or assign theaccounts receivable and revenues derived from this Agreement (or any proceedsthereof) in connection with any financing agreement, purchase of receivablesprogram or other billing services arrangement. In addition, we may assign ourrights and obligations hereunder to an affiliate of TSE, any person or entitysucceeding to all or substantially all of the assets of TSE, or to acompetitive electric power supplier licensed to do business in New Hampshire.We shall provide you with 30 days’ written notice of any such assignment. Anysuch assignee shall agree in writing to be bound by the terms of this Agreementand, following such agreement, TSE shall have no further obligations hereunder.
16. DO NOTCALL REGISTRY:You may opt out of receiving any telemarketing calls by registeringwith the National Do Not Call Registry online athttps://www.donotcall.gov/register/reg.aspx or by telephone by calling1-888-382-1222 from the phone number you wish to register.
17. LIMITATIONSOF LIABILITY:TSE’s LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEEDTHE AMOUNT OF YOUR LARGEST MONTHLY INVOICE FOR ELECTRIC GENERATION SERVICEDURING THE PAST TWELVE (12) MONTHS IMMEDIATELY PRECEDING TERMINATION OF THISAGREEMENT. EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLETO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFIT ORREVENUES), INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES FOR CLAIMS ARISINGHEREUNDER.
18. NOWARRANTIES:TSE MAKES, AND YOU RECEIVE, NO WARRANTY, EXPRESS, IMPLIED, ORSTATUTORY, AND TSE SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE.
19. ACCEPTANCEAND CHANGE IN LAW:This Agreement shall not become effective until accepted by TSE.This Agreement may be modified from time-to-time in accordance with NHPUC lawsand rules and shall govern TSE’s provision of generation service. This Agreementis subject to any future legislation; orders, rules, or regulations of theNHPUC; or tariff or policy changes of the LDC. These changes are beyond thecontrol of TSE, and may impact the terms and/or price of this Agreement.
20. ENTIREAGREEMENT:The foregoing Terms of Service, and the Disclosure Summaryreferenced herein, sets forth the entire Agreement between the parties and anyother understandings or representations by and between the parties with respectto the matters addressed herein are superseded by this Agreement.
21. METHOD OF COMMUNICATION: During the enrollment processyou will be asked to select the method of communication that you would like TSEto use when communicating required information to you. The options that you maychoose from are; electronic mail for all communications, written correspondencedelivered by US mail for all communications, or text messaging forcommunications after completion of customer enrollment.

Town Square Energy, LLC, 2200 E Williams Field RD, Ste 200, Gilbert, AZ 85295

1-877-430-0093; [email protected];  www.townsquareenergy.com

NH - v.07012022