DELAWARE COMMERCIAL CUSTOMER CHECKLIST

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1 DELAWARE COMMERCIAL CUSTOMER CHECKLIST Thank you for choosing Viridian as your responsible energy provider. You are just steps away from being a part of Viridian s mission to do something better for the environment and local economy. Simply by choosing a better energy plan, you are part of the collective impact paving the way to a more sustainable future. To ensure your Customer Application goes through smoothly and without delay, we have included a helpful checklist below. Please note that the Application is part of your contract with Viridian Energy and may not be processed unless all required fields are completed. Any questions Viridian Energy may have regarding your Application will be directed to you only. Please submit your complete Application to Viridian Energy via fax or via This checklist is not required for submission. Please check off each box when the corresponding field on the Application has been completed: Send all Customer Applications to Viridian Energy, upon execution of the Application by the Customer or at the latest by the close of business that day. The Customer Application was completed on the most up-to-date current form (Please confirm this with you referring Viridian Independent Associate). You have personally signed, dated, and initialed the appropriate sections of the Application. The Business name and Contact name are clearly printed on the Application (this name should be the same name that appears on your utility bill). You have filled in your service address (this should be the same address that appears on your utility bill). You have filled in a valid phone number (this should be a phone number that you can be reached at regarding your Viridian service). If you are tax exempt please include a copy of the tax exempt certificate. If you are a commercial business enrolling residential accounts, use the Commercial Application and residential rates. Check the notification box under step #2 and use a Residential Rate in step #3. The rate class and rate plan have been selected. The monthly rate is correctly printed on the application (you can find your monthly rate by going to com and typing in your zip code at the top of the home page). The date is filled in at the bottom of the Application. The name and ID number of the Viridian Independent Associate who referred you is clearly written on the bottom of the Application. You have initialed that you have retained and accepted the Terms and Conditions on the first page of the Application. Each page of the Terms and Conditions being submitted to Viridian Energy for processing is initialed. Delaware commercial customers are required to submit two (2) of their three (3) most recent utility bills showing a full payment. VIRIDIAN ENERGY: 1055 Washington Boulevard, 7th floor, Stamford, CT DE_Commercial_Checklist_022513

2 Delaware Commercial Customer Application NOTE: All fields MUST be completed otherwise the Application may not be processed. Customer Business Name: Contact Name: Service Address (as it appears on your utility bill) Street: City: Phone: State: Zip: Billing Address Same as Service Address Tax Exempt (Proof of Tax Exempt status must be attached to this form) Existing Customer (Check here if you have another account with Viridian) ELECTRICITY 1. Choose Your Green Content: Street: City: 2. Enter Your Account Information from your Electric Utility Bill: Check here if you are a Commercial Business enrolling Residential Rate Accounts (Please use a Residential Rate in Step #3) State: EVERYDAY GREEN PURE 20% RENEWABLE GREEN ENERGY 100% RENEWABLE ENE 20% RENEWABLE ENERGY PURE GREEN Delmarva Power DE Customer - Account Number (12 Characters): - - Zip: EVERYDAY GREEN 20% RENEWABLE ENER 100% RENEWABLE ENERGY 100% RENEWABLE ENERGY 3. Choose Your Rate: Current Introductory Variable cents/kwh 24-month fixed cents/kwh 12-month fixed cents/kwh 6-month fixed cents/kwh Note: Not all rate plans are available in all markets. Ask your Independent Associate for current offers. Customer agrees that if their peak demand is greater than 25kW over any of the past twelve months, Viridian has the right in its discretion to switch your service from the fixed rate plan to the existing Viridian variable plan. 4. Credit check information (for authentication and eligibility) Combining the proprietor s personal credit with a small business s commercial credit information is an essential business credit practice permissible under the Fair Credit Reporting Act. Blending both business and personal credit performance is significantly more predictive of small-business credit risk than using either a commercial or a consumer risk model alone. (Completing both the Federal Tax ID information as well as supplying the full SSN, when available, is advisable for a small business) Legal Business Name: Federal Tax ID: - Business Owner Name: Full SSN: - - *Two of your three most recent utility bills showing a full payment must be included with this application. If you have multiple accounts and would like to enroll them with Viridian Energy, please use the attached Multiple Account Enrollment Form. IMPORTANT: Current utility budget billing plans may not apply to the supply portion of your bill when you enroll with Viridian. I have reviewed, retained and accept the Terms and Conditions. (initial here) I voluntarily authorize Viridian Energy PA LLC to become my retail energy provider. By signing below, I hereby confirm that I am the Customer of record on the account listed above and am authorized to make the switch from my current supplier to Viridian. I also agree that all information supplied by me on this form is true and accurate and I acknowledge receipt of the Terms and Conditions. Signature Print Name Date Upon signing, please return the completed Enrollment Form, which includes the incorporated Terms and Conditions, to Viridian by fax at , by mail to 1055 Washington Boulevard, 7th floor, Stamford, CT or by to Associate ID Number: This is my personal business utility account. Associate Name: DE_COMM_EnrollmentForm_061113

3 DELAWARE COMMERCIAL TERMS & CONDITIONS You authorize Viridian Energy PA LLC ( Viridian we or us ), a member of the Crius family of brands, to change your electric generation supplier to Viridian. Viridian is licensed by the Delaware Public Service Commission ( DPSC ) to offer and supply electricity (electricity supply service) as an Electric Supplier. Viridian s Delaware Public Service Commission s license number is Order #8178. Viridian agrees to sell electricity supply service to you for the price and upon the terms and conditions set forth in the Agreement. You agree to receive and pay for electricity supply service from Viridian in accordance with the Agreement. You understand that the prices charged by Viridian for electricity supply services under the Agreement include the electricity commodity and associated transmission prices and do not include any applicable taxes, Electric Utility distribution charges, or other Electric Utility fees or charges. The prices for Viridian s electricity supply services are not regulated by the DPSC. The DPSC regulates distribution prices and services charged by the Electric Utility. The Federal Energy Regulatory Commission regulates transmission prices and services. These Terms and Conditions, the Welcome Letter and the Enrollment Form create your agreement with Viridian ( Agreement ) and supersede any oral or written statements made in connection with the Agreement or your electricity supply. a. The fixed price Initial Term will be for the number of billing cycles set forth at time of enrollment and confirmed in your Welcome Letter starting on the first meter read date after your electricity supply service is started with Viridian and continuing through the last meter read date in the end month. If you do not agree to a Renewal Term, your electric supply service will continue month to month with Viridian without additional notice and you will pay a variable rate. b. The variable price term will begin on the first meter read date after your electric supply service is started with Viridian and will continue month to month until terminated by you or Viridian in accordance with the terms in the Agreement 3. RENEWAL NOTICE FOR FIXED PRICE AND NOTIFICATION OF CHANGES IN TERMS: At least thirty (30) days before the fixed price Initial Term or any fixed price Renewal Term expiration date or whenever we propose to change our terms of service in any type of agreement, you will receive written notification from us. We will explain your options to you in the notice. If you do not accept the Renewal Term, your electric supply service will continue month to month with Viridian without additional notice and you will pay a variable rate. TERMS OF SERVICE Term Price Early Cancellation Fee Rescission Fixed Price Renewal 1. PRICE: Under a fixed price agreement, the Initial Term of your electricity supply service with Viridian is the number of billing cycles set forth at time of enrollment and confirmed in your Welcome Letter, after which time your agreement will continue month to month at a variable rate until terminated by you or Viridian in accordance with the terms of your Agreement with Viridian.Under a variable price agreement, your electric supply service with Viridian will continue month to month under a Variable Term until terminated by you or Viridian in accordance with the terms of the Agreement. Under a variable price agreement, your electric supply service with Viridian will continue month to month until terminated by you or Viridian in accordance with the terms of your Agreement with Viridian. During the Initial Term of a fixed price agreement, you will pay Viridian the fixed price per kilowatt hour (kwh) set forth at time of enrollment and confirmed in your Welcome Letter, after which time your agreement will continue month to month at a variable rate until terminated by you or Viridian in accordance with the terms of your Agreement with Viridian. Under a variable price agreement, your rate for the first month of service will be set forth at time of enrollment and confirmed in your Welcome Letter. After the first month you will pay a variable rate for electricity supply service, which can fluctuate on a month-to-month basis, as described in the Price section below. Cancellation fees in the total amount of $250 will apply if you terminate a fixed price agreement with Viridian prior to the end of the then-current term. If you terminate a variable price agreement with Viridian, there are no termination fees. You have the right to cancel your Agreement without fees or penalties of any kind within ten (10) calendar days from the day that the Electric Utility sends you the confirmation letter of your enrollment. After the Initial Term, your electricity supply service will continue month to month with Viridian without additional notice and you will pay a variable rate unless you affirmatively elect to renew for another fixed price term ( Renewal Term ) or cancel your agreement with Viridian. A. Fixed Price: Under Viridian s Fixed Price Everyday Green Plan or Pure Green Plan, you will pay the fixed price set forth at time of enrollment and confirmed in your Welcome Letter for the Initial Term, after which your existing Agreement will continue month to month with a variable rate. The fixed price will be calculated by multiplying the price of electricity per kilowatt hour (kwh) by the amount of electricity you use in the billing cycle plus any applicable fees, charges or taxes. B. Variable Rate: Under Viridian s Variable Price Everyday Green Plan or Pure Green Plan, your price may fluctuate each month based on wholesale market conditions applicable to the Local Distribution Company s service territory. The variable price for your electric supply service each month will be calculated by multiplying the variable price of electricity per kilowatt hour (kwh) that month by the amount of electricity you use in the billing cycle plus any applicable fees, charges or taxes. Viridian s prices may be higher or lower than the Electric Utility s rate in any given month. 4. RESCISSION: You have the right to rescind your decision to enroll with Viridian, without fees or penalties of any kind, within ten (10) calendar days from the day that the Electric Utility sends you the confirmation letter of your enrollment. 5. TERMINATION BY CUSTOMER: If you elect to cancel or terminate the Agreement prior to the end of the Initial Term or any Renewal Term, you will pay a cancellation fee as set forth above. If you elect to cancel or terminate your variable price Agreement, there are no termination fees. In order to cancel, you must notify Viridian in advance by at or in writing by mail at 1055 Washington Blvd., Seventh Floor, Stamford, CT or by phone at Termination becomes effective upon the processing of your cancellation request by the Electric Utility. You shall be obligated to pay for the electricity supply service provided pursuant to the Agreement prior to the date that such cancellation becomes effective, including any applicable Electric Utility late fees, fees or charges. Should you cancel your Agreement, you will be returned to your Electric Utility s default electricity supply service unless you choose another Electric Supplier. 6. TERMINATION BY VIRIDIAN: Viridian may cancel or terminate the Agreement early for any reason, or no reason, without penalty upon thirty (30) days advance written notice. Termination becomes effective upon the processing of Viridian s cancellation request by the Electric Utility. You shall be obligated to pay for the electricity supply service provided by Viridian pursuant to the Agreement prior to the date that such cancellation becomes effective, including any applicable Electric Utility late fees, fees or charges. Should Viridian terminate the Agreement, you will be returned to your Electric Utility s default electricity supply service unless you choose another electric supplier. Should an early cancellation occur, you may utilize the dispute resolution procedures identified in the Agreement. 7. RELOCATION: If you relocate out of your current electric distribution company s service territory, you may terminate your contract with Viridian with no termination fee, provided that you give thirty (30) days notice to Viridian. A final meter read will be made at your old address and your account will be finalized with both your Electric Company and Viridian. You shall be obligated to pay for the electricity supply service provided pursuant to the Agreement prior to the date the termination due to relocation becomes effective, including any applicable Electric Utility late fees, fees or charges. If you relocate within your Electric Utility s service territory, you may have the option of entering into a new electricity supply agreement with Viridian. 8. BILLING AND PAYMENT: You will receive a single consolidated bill from your Electric Utility that includes the Electric Utility s charges and Viridian s generation charge. The Electric Utility will set your payment due date and the payment address. Any bill not paid in full by its due date will incur a late payment fee in accordance with the Electric Utility s billing and payment policies and procedures. You acknowledge and understand that a budget-billing plan with the utility will not apply to the supply portion of your electric bill. 2. TERM: Viridian will begin supplying your electric supply service on a date set by your Electric Utility. Customer Initials Viridian Energy PA LLC: 1055 Washington Boulevard, 7th Floor, Stamford, CT Toll-Free: Fax: Monday through Friday, 8:30 a.m. to 6:30 p.m. EST DE_COMM_TC_020113

4 DELAWARE COMMERCIAL TERMS & CONDITIONS 9. CREDIT REQUIREMENT: Viridian reserves the right to conduct a credit review prior to providing you electricity supply service, and to refuse electricity supply service if you do not meet Viridian s credit standards. You agree to provide Viridian with any information reasonably requested in order to complete the credit review including but not limited to establishing an ACH Debit relationship with Viridian. If prior to commencing electricity supply service or at any time during the Term of this Agreement, Viridian has good faith concerns about the creditworthiness of customer, Viridian may conduct a credit review and if customer is a commercial account may ask customer to provide reasonable credit assurances acceptable to Viridian. Further for commercial accounts, Viridian reserves the right to require a deposit before providing electricity supply services. 10. DISPUTE PROCEDURES: If you have billing questions or would like to make an inquiry about Viridian s terms of service, you may contact Viridian by telephone at , by at or by mail at 1055 Washington Blvd., Seventh Floor, Stamford, CT In the event of a dispute, the parties agree to use best efforts to resolve the dispute. If you are not fully satisfied after discussing your dispute with Viridian, you may contact the Delaware Public Service Commission, 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, DE at or 11. EMERGENCY: In the event of an emergency, such as a power failure or a downed power line, you should call your Electric Utility. To contact Delmarva Power, call if you are located in New Castle County and if you are located in Kent and Sussex Counties. 12. LIMITATIONS ON WARRANTY AND DAMAGES: YOU UNDERSTAND AND AGREE THAT THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ASSOCIATED WITH THE ELECTRICITY SUPPLY SERVICE PROVIDED BY VIRIDIAN. THE ELECTRICITY PROVIDED UNDER THIS AGREEMENT WILL MEET THE QUALITY STANDARDS OF THE APPLICABLE ELECTRIC UTILITY. VIRIDIAN HAS NO LIABIL- ITY FOR SERVICE INTERRUPTIONS. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. VIRIDIAN WILL BEAR NO LIABILITY TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES. VIRIDIAN IS NOT LIABLE FOR INTERRUPTIONS TO OR SHORTAGES OF ELEC- TRICITY SUPPLY NOR ANY ASSOCIATED LOSS OR DAMAGE RESULTING THEREFROM. supply contract, you may incur early cancellation penalties under such contract. You agree to receive periodic updates of product and services from Viridian. The electric supply service that you receive from Viridian will be used to meet Viridian s Renewable Portfolio Standards requirements. Any changes to the Agreement must be made in writing. The Agreement is subject to any future legislation, orders, rules, regulations or Electric Utility tariff or policy changes. Venue for any lawsuit brought to enforce any term or condition of the Agreement shall lie exclusively in the State of Delaware. The Agreement shall be construed under and shall be governed by the laws of the State of Delaware without regard to the application of its conflicts of law principles. 17. PARTIES BOUND: This Agreement is binding upon the parties hereto and their respective successors and legal assigns. CUSTOMER CONTACT INFORMATION: Viridian Energy PA LLC 1055 Washington Boulevard, 7th Floor Stamford, CT Toll-Free: Fax: Monday through Friday, 8:30 a.m. to 6:30 p.m. Eastern Time Delmarva Power Mailing Address for Customer Service: P.O Box 21 Wilmington, DE Toll-Free: FORCE MAJEURE: The electricity service is firm subject to force majeure. Viridian will not be responsible for supplying electricity services to you in the event of circumstances beyond its control such as events of force majeure, as defined by the Electric Utility or any transmitting or transportation entity, which includes but is not limited to acts of terrorism, sabotage or acts of God. If there is a change in any law, rule or pricing structure that results in Viridian being prevented, prohibited or frustrated from carrying out the terms of the Agreement, Viridian reserves the right to cancel the Agreement in accordance with the termination provisions in the Agreement. 14. INFORMATION RELEASE AUTHORIZATION: By entering into the Agreement, you authorize Viridian to obtain and acknowledge that Viridian may obtain information from your Electric Utility concerning your account that includes, but is not limited to: billing history, payment history, account number, historical and future electricity usage, meter readings and characteristics of your electricity service. You may rescind this authorization at any time by contacting Viridian. Viridian will not release your confidential information without your express consent. Notwithstanding the foregoing, Viridian may disclose your billing, payment and credit information for the sole purpose of facilitating billing, bill collection and credit reporting. 15. ASSIGNMENT: You may not assign the Agreement without Viridian s prior written consent. Viridian reserves the right to sell, transfer, pledge or assign the accounts, revenues or proceeds hereof in connection with any financial agreement. You authorize Viridian to assign this Agreement to another electric supplier or other entity as authorized by the DPSC. Any required assignment notice will be considered to have been made to you if mailed to the appropriate party. 16. MISCELLANEOUS: You agree to promptly notify Viridian if there are any anticipated major changes in your energy consumption. For purposes of accounting, both parties accept the quantity, quality and measurements determined by the Electric Utility. Except as provided by law, you will pay all taxes due and payable with respect to customer obligations under the Agreement. There may be a delay before the Electric Utility switches your electricity supply to Viridian. Viridian is not responsible for any such delays. You acknowledge that if you are cancelling an existing Customer Initials Viridian Energy PA LLC: 1055 Washington Boulevard, 7th Floor, Stamford, CT Toll-Free: Fax: Monday through Friday, 8:30 a.m. to 6:30 p.m. EST DE_COMM_TC_020113

5 Delaware Multiple Accounts Please note Electric Utility Information for: Delmarva Power DE Account number - 12 characters 1) Service 2) Service 3) Service 4) Service 5) Service 6) Service 7) Service 8) Service 9) Service 10) Service 11) Service 12) Service 13) Service Customer acknowledges these are the only accounts to be added to their Viridian account. Customer Initials:

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