Documents › Board of Education, 2026-01-22

agreement 10 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: Direct Energy Agreement for Services

". 3 n rg. NEW YORK CUSTOMER DISCLOSURE Your price is $5.199 per MMBTU. This price may change pursuant to the Purchase Price section (or Changes to Purchase Price section, as applicable} of the CMA and the Purchase Price section of the Transaction Confirmation. Fixed or Variable and, if variable, |Fixed: Refer to Purchase Price on Transaction Confirmation and Special! how the price is determined Provisions section on Transaction Confirmation. Third-Party Compensation The Purchase Price includes a fee of $0.200 per MMBTU for Buyer's Disclosure selected Energy Broker or Energy Consultant (“Agent”). Any future services Agent performs on Buyer’s behalf may result in additional fees which shall be payable by Buyer and passed through to Agent on Buyer’s behalf. Length of the agreement and end [3 Months date Process customer may use to Rescission without penalty not permitted rescind the agreement without penalty Amount of Early Termination Fee [Non - defaulting party has the right to terminate and liquidate all and method of calculation Transactions, calculate a settlement amount by calculating the Liquidation Value for each Transaction and aggregate all amounts owing - See the Remedies section of the CMA for more information Amount of Late Payment Fee and [Interest will be assessed on the late balance at the lower of 1.50% per method of calculation month or the maximum amount permitted by law See the Billing and Payment section of the CMA for more information Provisions for renewal of the Automatically renews in successive one-month terms unless affirmatively agreement renewed or terminated by either party. Conditions under which savings to |Savings compared to the Utility rate are not guaranteed the customer are guaranteed Page 1 of 1 on NRG Business Marketing LLC Date: 01/16/2026 = 804 Carnegie Center, Time: 10:10 AM Nn r Princeton, NJ, 08540 Proposal Id: 68865285 5 1.844.737.6742 Marketer Name: Vidmar, Tyler nrg.com Customer Name: Croton Harmon Union Free School Type: New District es Be Contact Name: Kelly M. Lent Billing Contact: Address: 10 Gerstein Street, CROTON ON Billing Address: HUDSON, NY 10520 US Telephone: (914) 271-4713 Fax: Telephone: Fax: Email: Kelly.lent@chufsd.org NATURAL GAS TRANSACTION CONFIRMATION AND CUSTOMER DISCLOSURES This Transaction Confirmation confirms the terms of the Gas Transaction entered into between NRG Business Marketing LLC (“Seller”), and the customer above (“Buyer” or “Customer”) pursuant to the terms of the Commodity Master Agreement ("CMA") between Buyer and Seller dated January 16, 2026 as may be amended. The Purchase Price excludes Utility distribution charges and Taxes that are or may be the responsibility of Buyer. Gas volumes will be adjusted for Utility line loss, where applicable. The prices listed below are based on market conditions as of the time, stated above, that this Transaction Confirmation was issued and may be adjusted by Seller to reflect market conditions as of the date it is executed and returned by Buyer. THIS TRANSACTION CONFIRMATION WILL NOT BE EFFECTIVE UNTIL SIGNED BY BOTH PARTIES. SERVICE LOCATIONS (Additional pages may be attached if necessary) Service Address Utility Account Number 10 Gerstein St HOTW 97320440007 3A Larkin PL Heat 38859030009 36 Old Post Rd South 03755050006 Payment Terms: [30] days Late Fee: [1.50]% or, if lower, the maximum amount permitted by law. DELIVERY PERIOD Begin: 02/01/2026 End: 04/30/2026 The service start date hereunder will be the date that the Utility enrolls Customer for Seller's service. Seller will request the Utility to enroll Customer on the first meter read date within the Delivery Period. Upon the expiration of the Delivery Period, this Transaction shall continue for successive one month terms (collectively the “Renewal Term”) until either Party notifies the other Party in writing of its intention to terminate, at least 15 days prior to (1) the end of the Delivery Period or (2) during the Renewal Term, the earlier of the end of each successive month Renewal Term or the next cycle read date. After notice is given as contemplated in the previous sentence, the date of termination (“Termination Date”) shall be the next effective drop date permitted by the Utility. The Purchase Price for delivery to the Delivery Point during the Renewal Term or for any period outside of the Delivery Period, shall be the then Market Price for delivery to the Delivery Point, unless otherwise agreed to in writing. DELIVERY POINT Consolidated Edison / CONED DCQ Pool CONTRACT QUANTITY (MMBTU) Page 1 of 3 Buyer and Seller agree that the Contract Quantity purchased and received means a positive volume up to or greater than the estimated quantities listed below, provided, that for purposes of determining whether a Material Deviation has occurred and for purposes of calculating Contract Quantities remaining to be delivered under the Remedies section of the CMA, Contract Quantity shall be determined by reference to the applicable estimated quantity(ies) listed below. Volume Type : Monthly February 3,647 March 2,860 April 1,381 PURCHASE PRICE Fixed Price : $5.199/MMBTU ff tT + tom . . = w@BLLTYRPE «mo 8 © er — Dual SPECIAL PROVISIONS For inquiries related to your purchase, or for any other questions or complaints against Seller, please contact Seller at the address above. For general inquiries related to the sale and delivery of Gas you may contact the New York Public Service Commission, Department of Public Service ESCO hotline at 1-888-697-7728; write the PSC at the Office of Consumer Education & Advocacy, Three Empire State Plaza, Albany, NY 12223, or visit the PSC's website at https://dps.ny.gov/. Buyer represents and acknowledges that: (a} any rights to a rescission period, longer grace periods or notice periods afforded to residential Buyers do not apply; and (b) upon any discontinuance of service by Seller, Seller will return Buyer to full Utility service by the next effective drop date permitted by the Utility, upon at least fifteen (15) days prior notice, provided that the utility has not already disconnected delivery of the service. If the Utility disconnects delivery of the service, then, effective immediately, Seller will not be responsible to provide Gas or any service under this Transaction Confirmation. Buyer represents and warrants that (i) it will provide, to Seller, information reasonably required to substantiate its Gas usage, including information regarding its business, locations, meter/account numbers, historical/projected usage, time of use, hours of operation, utility rate classes, agreements, schedules, which in substantial part form the basis for the calculation of charges for the Transaction hereunder; (ii) acceptance of this Transaction Confirmation constitutes an authorization for release of such usage information; (iii) it will assist Seller in taking all actions necessary to effectuate transactions, including, if requested, executing an authorization form permitting Seller to obtain its usage information from third parties; (iv) the usage information provided is true and accurate as of the date furnished and as of the effective date of the Transaction; (v) it may rescind the authorization for release of such information at any time, upon prior written notice; provided however, that such rescission will be considered a Default by Buyer; and (vi) neither it, nor any transaction, has been solicited through “door-to-door sales” (as such term is defined under the Uniform Business Law § 349-d, and Buyer acknowledges that this representation is a material inducement to Seller entering into this Transaction Confirmation. *According to the State of New York Public Service Commission's Uniform Business Practices, residential Buyers have the right to cancel a sales agreement, without penalty, within three business days after its receipt. Page 2 of 3 **According to the State of New York Public Service Commission's Uniform Business Practices and the State of New York General Business Law § 349-d for transactions solicited through “door-to-door sales” Buyers may not be charged a termination or early cancellation fee in excess of the greater of: (i) $100 if the remaining term is 12 months or less and $200 if the remaining term exceeds 12 months, or (ii) twice the estimated commodity supply bill for an average month, provided that an estimate of an average monthly bill was provided to the Buyer when the offer was made by the Seller along with the amount of any early termination fee based on such estimate. Buyer represents, warrants, and covenants that it is not a mass market customer as defined by the New York Department of Public Service Commission, and therefore it has an annual gas consumption that exceeds 750 dekatherms. Buyer further agrees that if it is such a customer (“mass market” as defined above) or becomes such a customer then such misrepresentation by Buyer is material, is a Default by Buyer, and notwithstanding anything to the contrary herein, this Transaction Confirmation may be terminated by the Seller without further notice or opportunity for Buyer to cure. Change in Utility Account Numbers: The account number for a Service Location shall be the Utility Account Number set forth in the Service Locations section above or as attached, as applicable, or any replacement account number issued by the Utility from time to time. Buyer acknowledges that it is acting for its own account, and that it has made its own independent decisions with respect to this Transaction Confirmation and that Seller is not acting as a fiduciary, financial, investment or commodity trading advisor for it in connection with the negotiation and execution of this Transaction Confirmation. Full Plant Requirement - No GSA TAX EXEMPTION STATUS - If exempt, must attach certificate In order to ensure accurate billing, tax status indication is required. Please check the appropriate status below: [_] Non-Exempt }<{ Exempt (e.g. Residential, Non-Profit Organization, Manufacturing, Small Business, Agricultural, Resale, etc.) Buyer: Croton Harmon Union Free School District Seller: NRG Business Marketing LLC Name : [ z Name: Title : Vea) Title : Date : Date : Page 3 of 3 at! =f. ¢ nrg. This Commodity Master Agreement ("CMA") between NRG Business Marketing LLC, and Direct Energy Business, LLC d/b/a NRG Business, each a Delaware limited liability company (collectively "Seller" or “NRG’), and Croton Harmon Union Free School District (“Customer”) (each a “Party” and collectively, the "Parties") is entered into and effective as of January 16, 2026. 1. Transactions: This CMA applies to all end-use sales of electric power and/or natural gas as applicable (each a “Commodity” and collectively, the “Commodities”), by the applicable Seller to Customer (each sale a “Transaction”). Transactions will be memorialized in a transaction confirmation signed by Customer and Seller (each a “Transaction Confirmation’). Each Transaction Confirmation sets forth the applicable Seller providing the service to Customer. This CMA, any amendments to this CMA and related Transaction Confirmation(s) (together, a single integrated, “Agreement”) is the entire understanding between Parties with respect to the Commodities and supersedes all other communication and prior writings with respect thereto; no oral statements are effective. 2. Performance: Customer is obligated to purchase and receive, and Seller is obligated to sell and provide, the Contract Quantity of Commodity. Customer's estimated monthly Contract Quantity is specified in the applicable Transaction Confirmation. Customer will only use the Commodity at the Service Location(s) listed in the applicable Transaction Confirmation and must not reseil the Commodity. 3. Term: This CMA shall remain in effect until terminated by either Party pursuant to Section 14 or for convenience upon at least 30 days’ prior written notice; except that this CMA will remain in effect with respect to Transaction Confirmations entered into prior to the effective date of the termination until both Parties have fulfilled all outstanding obligations. Each Transaction Confirmation sets forth the Initial Term which together with any Renewal Term constitutes the Delivery Period. 4, Purchase Price: Customer will pay the Purchase Price stated in each Transaction Confirmation, subject to Sections 5 and 710. !f the Purchase Price incorporates an index and the index is not announced or published on any day for any reason or if the Seller reasonably determines that a material change in the formula for or the method of determining the Purchase Price has occurred, then the Parties will use a commercially reasonable replacement price calculated by the Seller. 5. Changes to Purchase Price: If there is a new or modified tariff, law, order, rule, tax, regulation, transmission rate, or a change by any LDC, EDC or ISO to supplier obligations to serve, which increase Seller’s costs, Seller may allocate the increased costs to Customer in the form of an adjusted Purchase Price or a separate line item on Customer's invoice. 6. Billing and Payment: Seller will invoice Customer and Customer will pay for the Actual Quantity of Commodity and any other amounts that are Customer’s responsibility under this Agreement. Unless otherwise set forth on a Transaction Confirmation, payment is due within 30 days of the date of the invoice, and late fees will be accrued at 1.50 % per month or, if lower, the maximum rate permitted by law. If Seller cannot verify the Actual Quantity when an invoice is issued, Seller will estimate the Actual Quantity. Seller will adjust Customer's account following (i) confirmation of the Actual Quantity, {ii) any Utility adjustment, or (iii) any other corrections or adjustments, including adjustments to, or re-calculation of Taxes. Customer is also responsible for all costs and fees, including reasonable attorney's fees, incurred in collecting any amounts owed to Seller and any fee charged to Seller for Customer's insufficient funds. “Actual Quantity” means the quantity of Commodity that is either delivered or metered, as applicable, to Customer's account. “Utility” means a state regulated entity engaged in the distribution of the applicable Commodity. 7. Taxes: The Purchase Price does not include Taxes that are or may be the responsibility of the Customer, unless such inclusion is required by law. Customer will reimburse Seller for any Taxes that Seller is required to collect and pay on Customer’s behalf and will indemnify, defend and hold Seller harmless from any liability against all Taxes for which Customer is responsible. !t is Customer's responsibility to provide Seller with any applicable Tax exemption documentation and Customer will be liable for any Taxes assessed against Seller because of Customer’s failure to timely provide or properly complete any such documentation. “Taxes” means all applicable federal, state and local taxes, including any associated penalties and interest and any new taxes imposed in the future during the term of this Agreement. Liabilities imposed in this Section will survive the termination or expiration of this Agreement. Page 1 of 5 8. Disputes: If either Party in good faith disputes amounts owed hereunder, the disputing Party will contact the non-disputing Party in writing and pay the undisputed amount by the payment due date. The Parties will have 15 Business Days to negotiate a resolution. If such dispute is not resolved, the disputing Party will immediately pay the balance of the original invoice, pius late fees from the original due date, and either Party may exercise any remedy available to it at law or equity. “Business Day” means any day on which banks are open for commercial business in New York, New York; any reference to “day(s)” means calendar days. 9. Title and Risk of Loss: Title to, possession of and risk of loss to the Commodity will pass to Customer at the Delivery Point specified in the applicable Transaction Confirmation. 10. Material Deviation: Seller may in its sole discretion pass through to Customer any losses and/or costs incurred by Seller related to a deviation of +/-25% from Contract Quantity (or, as applicable, estimated Contract Quantities) stated in the applicable Transaction Confirmation (which is not caused by weather). 11. Force Majeure: Other than payment obligations, a Party claiming Force Majeure will be excused from its obligations only if it provides prompt notice of the Force Majeure event, uses due diligence to remove its cause and resumes performance as promptly as reasonably possible. During a Force Majeure event, Customer will not be excused from its responsibility to pay for natural gas balancing charges nor from its responsibility to pay for Commodity received. “Force Majeure” means a material, unavoidable occurrence beyond a Party’s control, and does not include inability to pay, an increase or decrease in Taxes or the cost of Commodity, the economic hardships of a Party, or the full or partial closure of Customer's facilities, unless such closure itself is due to Force Majeure. 12. Financial Responsibility: Seller’s entry into this Agreement and each Transaction is conditioned on Customer, its parent, any guarantor or any successor maintaining its creditworthiness during the Delivery Period. When Seller has reasonable grounds for insecurity regarding Customer’s ability or willingness to perform all of its outstanding obligations under any Transaction Confirmation between the Parties, Seller may require Customer te provide adequate assurance, which may include, in Seller’s discretion, security in the form of cash deposits, letters of credit or other guaranty of payment or performance (“Credit Assurance”). 13. Default: “Default” means: (i) failure of either Party to make payment by the applicable due date and the payment is not made within 3 Business Days of Seller's demand; (ii) failure of Customer to provide Credit Assurance within 2 Business Days of Seller's demand; (iii) any representation or warranty made by a Party in this Agreement proves to have been false or misleading in any material respect when made or ceases to remain true and such breach is not cured within 15 Business Days after written notice; (iv) a secured party has taken possession of all or any substantial portion of its assets or is dissolved or has a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation or merger where the surviving entity has assumed all of the respective obligations of such Party under this Agreement); (v) failure of a Party to fulfill any of its obligations in this Agreement (except as otherwise provided in subsections (i), (ii) (iii) and (iv) hereof) and such failure is not cured within 15 Business Days after written notice; provided that no cure period or demand for cure applies to an early termination of a Transaction Confirmation by Customer or due to a default under Section 15(A)<iii). 14. Remedies: In the event of a Default, the non-defaulting Party may: (i) withhold any payments or suspend performance; (ii) accelerate any amounts owing between the Parties and terminate any or all Service Locations under any or all Transactions and/or this CMA between the Parties; (iii) calculate a settlement amount by calculating all amounts due to Seller for Actual Quantity and the Close-out Value for each terminated Service Location under the Transaction Confirmation(s) being terminated; and/or (iv) net or aggregate all settlement amounts and all other amounts owing between (a) the non-defaulting Party and its affiliates and (b} the defaulting Party under this Agreement and any other Commodity agreements, whether or not due and whether or not subject to any contingencies, plus costs, into one single amount (“Net Settlement Amount’). Any Net Settlement Amount due from the defaulting Party to the non-defaulting Party will be paid within 3 Business Days of written notice from the non-defaulting Party. A late fee on any unpaid portion of the Net Settlement Amount will accrue at the rate identified on the Transaction Confirmation. “Close-out Value” is the sum of (a) the amount owed to the non-defaulting Party for the Contract Quantities (or, as applicable, estimated Contract Quantities) remaining to be delivered as stated in the applicable Transaction Confirmation(s) during the remaining Initial Term or, if applicable, the current Renewal Term, calculated by determining the difference between the Purchase Price and the Market Price for those quantities; and (b) without duplication, any net losses or costs incurred by the non-defaulting Party for terminating the Transaction (s), including costs of obtaining, maintaining and/or liquidating commercially reasonable hedges, natural gas balancing charges, and/or transaction costs. Page 2 of 5 “Market Price” means the price for similar quantities of Commodity at the Delivery Point during the remaining Initial Term or, if applicable, the current Renewal Term. For purposes of determining Close-out Value, Market Price may be established by Seller through information available to Seller internally or through third parties. The Parties agree that Close-out Value constitutes a reasonable approximation of damages and is not a penalty or punitive in any respect. Physical liquidation of a Transaction or entering into a replacement transaction is not required to determine Close-out Value or Net Settlement Amount. The defaulting Party is responsible for all costs and fees incurred for collection of Net Settlement Amount, including, reasonable attorney’s fees and expert witness fees. 15. Representations, Warranties and Covenants: Each of the following are deemed to be repeated each time a Transaction Confirmation is entered into and during the Delivery Period: A. Each Party represents that: (i) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and is qualified to conduct its business in those jurisdictions necessary to perform to this Agreement; (ii) the execution of this Agreement is within its powers, has been duly authorized and does not violate any of the terms or conditions in its governing documents or any contract to which it is a party or any law applicable to it; and (iii) there are no bankruptcy, insolvency, reorganization, receivership or other similar proceedings pending or being contemplated by it, its parent or guarantor or to its knowledge, threatened against it, its parent or guarantor. B. Customer represents, warrants and covenants that: (i) itis not a residential customer; (ii) execution of this Agreement initiates enrollment and service for the Delivery Period; (iii) if the person or entity signing this Agreement is doing so in its capacity as an agent, such agent represents and warrants that it has the authority to bind the principal to all the provisions contained herein and agrees to provide Seller true, correct and complete documentation of such agency relationship, and (iv) {a} it has and will provide, to Seller, all information reasonably required to substantiate its usage requirements; (b) acceptance of this Agreement constitutes an authorization for release of such usage information; (c) it will assist Seller in taking all actions necessary to effectuate Transactions, including providing an authorization form permitting Seller to obtain its usage information; and (d)} the usage information provided is true and accurate as of the date furnished and as of the effective date of the applicable Transaction Confirmation. C. Each Party acknowledges that: (i) this Agreement is a forward contract and a master netting agreement as defined in the United States Bankruptcy Code (“Code”); (ii) this Agreement does not create an association, trust, partnership, or joint venture in any way between the Parties, nor does it create any relationship between the Parties other than that of independent contractors for the sale and purchase of Commodity; (iii) Seller is not a “utility” or an “energy generation facility” as defined in the Code; (iv) Commodity supply will be provided by Seller under this Agreement, but delivery will be provided by Customer’s Utility; (v) Seller does not own or operate transmission and distribution systems through which the Commodity is delivered to Customer, and Seller is not liable for any damages or Losses associated with such transmission or distribution systems; and {vi) Customer's Utility, and not Seller, is responsible for responding to natural gas leaks or Commodity emergencies if they occur. D. Seller warrants that (i} it has good title to Commodity delivered, (ii) it has the right to sell the Commodity, and (iii) the Commodity as delivered will be free from all royalties, liens, encumbrances, and claims. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED. 16. Confidentiality: Except as otherwise provided below, Seiler shall maintain the confidentiality of Customer's data collected for purposes of fulfilling the terms of this Agreement including Customer’s name, address, telephone number, electric usage and historic payment information as required by applicable regulation and law. Customer shall maintain the confidentiality of this Agreement and will not without Seller's prior written consent, disclose the terms of this Agreement or any on-line account management password, to any third party, other than Customer's employees, affiliates, agents, auditors and counsel who are bound by confidentiality obligations not to disclose this Agreement. Seller may disclose or share the terms of this Agreement or Customer's data provided under or relating to this Agreement, with its affiliates, agents, employees, lenders, permitted assignees, or service providers who have agreed to confidentiality obligations not to disclose or share such information and to use it only in the course of their performance of services. Where required by applicable regulation or law, Seller will obtain Customer's consent to disclose or share Customer's data for any other purpose not defined herein. 17. Indemnification; Limitation of Liability: Page 3 of 5 A. Only the Seller and the Customer that are Parties to a Transaction Confirmation will have any duties, obligations, or liabilities arising under that Transaction Confirmation. B. Customer will be responsible for and shall indemnify, defend, and hold harmless, Seller against all losses, costs and expenses, including court costs and reasonable attorney's fees, arising out of claims for personal injury, including death, or property damage from the Commodity or other charges (collectively, “Losses”) that attach after title passes to Customer. C. Seller will be responsible for and indemnify, defend, and hold harmless, Customer against any Losses that attach before title passes to Customer. D. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, LOST PROFITS OR SPECIFIC PERFORMANCE. 18. Other: A. The Agreement, and any dispute arising hereunder, is governed by the law of the state in which the Service Locations are located, without regard to any conflict of rules doctrine. B. Each Party waives its right to a jury trial regarding any litigation arising from this Agreement. C. No delay or failure by a Party to exercise any right or remedy to which it may become entitled under this Agreement will constitute a waiver of that right or remedy. D. Any notice or waiver including without limitation any termination or disconnection notice, shall be provided in writing and, if sent to Seller, a copy delivered to: NRG Business Marketing LLC or Direct Energy Business, LLC (as applicable), Attn: Client Services, NRG Tower, 1301 McKinney Street, Suite 48000, Houston, TX 77010; Email: ContractSupport@nrg.com. Notice sent by electronic means shall be deemed to have been received by the close of the Business Day on which it was transmitted, or such earlier time as is confirmed by the receiving Party. Notice delivered by overnight courier shall be deemed to have been received on the Business Day after it was sent, or such earlier time as is confirmed by the receiving Party. Notice delivered by first class mail (postage prepaid) shall be deemed to have been received at the end of the third Business Day after the date of mailing. E. No amendment to this Agreement will be enforceable unless reduced to writing and executed by both Parties. F. Seller may pledge, encumber or assign this Agreement or the accounts, revenues and proceeds thereof without Customer’s consent. Customer may not assign this Agreement without Seller’s consent not to be unreasonably withheld. G. This Agreement may be signed in separate counterparts by the Parties, each of which when signed and delivered shall be an original, but all of which shall constitute one and the same instrument. H. Any capitalized terms not defined in this CMA are defined in the Transaction Confirmation or shall have the meaning set forth in the applicable Utility rules, tariffs or other governmental regulations, or if not defined therein then it shall have the generally accepted meaning customarily attributed to it in the Commodity industries, as applicable. 1. Any document generated by the Parties with respect to the Agreement, including the Agreement, may be imaged and stored electronically and may be introduced as evidence in any proceeding as if it were an original business record and shall not be contested by either party as admissible evidence. J. Where an agent represents multiple parties under this Agreement, this Agreement will constitute a separate agreement with each such Party, as if each such Party executed a separate CMA, and that no such Party shall have any liability under this document for the obligations of any other Parties. K. If a conflict arises between the terms of this CMA and a Transaction Confirmation, the Transaction Confirmation will control with respect to that particular Transaction. L. If a broker, agent, aggregator or other similar agent (“Agent”) has been involved in any Transaction, that Agent is an agent of Customer only and not an agent of Seller and may receive a commission from Seller out of monies Customer pays to Seller under this Agreement. Customer acknowledges and agrees that Seller may share information regarding Customer’s Commodity usage and payment with the Agent necessary to comply with any commission agreement or other similar agreement between Seller and Agent. Customer may authorize Seller in writing to grant Customer's Agent access to Customer’s online account with Seller. This CMA is entered into and effective as of the date written above. Page 4 of 5 Customer: Croton Harmon Union Free School Seller: Direct Energy Business, LLC District NRG Business Marketing LLC By: Resacex By: Name : i ‘$Sacoan Name : Title : lAsinc kL Title : Date : [ 6 Date : Page 5 of 5 a ee : : - til a ea = = — > i 7 : seated i 7 a = ee a. "me _ be ee, = 7 "1 eke Meo = 1" *s - 1 —_ 7 » wi. I s 2 =" has: : » Sis : 2 ES ae TR | a » = Ft. : : | i = | i“ —_ os oo = - : ie E al _ : + a i; | 5 -= i ar =I : : oF . = on | ee a, _* 3 Ei, r. ay ' fap Le bot en Ba . — T, 7 ps al" =n : 7 : 7 J . es a = - ss ae = | =k | “4 a _F Fi LT. : sr Si EL oe ee el 7 i +7 . Ine eee | z” oda rt. _ | 7 a a _F" FL —= 1 | =.