Terms and Conditions

Duke Gas 18 Month Fixed · Duke Energy Ohio Gas Residential

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Agreement Summary
LDC	Duke Energy Ohio (“Duke” or the “LDC”)
Product Structure	Fixed Rate per Ccf
Primary Term and Price	Fixed rate of $0.6999 per ccf from next available meter read continuing for 18 meter read cycles
Renewal and Secondary Terms	Following the Primary Term, this Agreement will continue month-to-month at the monthly variable price described below unless terminated by either party.
Early Termination Fee	$0

Agreement: This Natural Gas Supply Agreement (the “Agreement”) is effective as of the date accepted by Archer Energy, LLC (“Archer”), an Ohio limited liability company, and the customer (“Client”) identified through the enrollment or execution process. The Agreement Summary above and these terms and conditions collectively constitute the Agreement. This agreement is available to only residential and small commercial Clients that use less than 5,000 Ccf per year. Archer reserves the right to reject or terminate any Client that violates this limit.

Service Agreement: Archer will supply the commodity portion of natural gas for the service locations identified through the enrollment or execution process. Archer is an independent competitive retail natural gas supplier and does not represent Duke Energy Ohio (“Duke” or the “LDC”), a governmental body, or a consumer group. Duke will continue to deliver natural gas, read meters, maintain its distribution system, issue the utility bill when Utility Consolidated Billing is used, and respond to leaks, outages, and other emergencies. Switching suppliers will not affect distribution-service reliability. If Client suspects a natural gas leak, Client should evacuate the premises immediately and, from a safe location, call 911 and Duke Energy at 800.634.4300. Savings are not guaranteed, and Archer’s price may be higher or lower than Duke’s applicable standard service price.

Eligibility and Authority: Service is subject to Duke’s Customer Choice rules and tariffs and the requirements of the Public Utilities Commission of Ohio (“PUCO”). Client represents that the signer is the account holder or is authorized to bind the account holder and change the supplier for every listed account. Client will provide accurate account information. Archer may reject an ineligible account or an account Duke will not enroll. If an account is removed from Archer’s pool by mistake or because of arrears, Client should promptly contact Duke and Archer to seek reinstatement. No early termination fee will apply.

Primary Term: The Primary Term begins on the first available meter-read date accepted by Duke and continues for 18 meter read cycles as shown in the Agreement Summary. Client remains responsible for charges incurred during the Primary Term or a renewal term regardless of when billed. Duke controls enrollment and meter-read dates, and Archer is not liable for a delay caused by Duke or another circumstance beyond Archer’s reasonable control.

Product Structure: During the Primary Term, Client will pay the fixed price per Ccf stated in the Agreement Summary. The price includes Archer’s commodity procurement costs, company margin, and disclosed broker or third-party fees, but excludes Duke distribution charges, riders, taxes, and governmental charges. Archer does not charge a supplier enrollment deposit or switching fee. If market conditions permit, Archer may reduce the price without Client’s consent provided no other term changes.

Usage Tolerance: Archer bears the ordinary risk that actual usage differs from anticipated usage because of weather or normal operating variation. Client will notify Archer at least sixty (60) days before the month of flow of a reasonably anticipated material operational change, including a facility addition or removal, major equipment change, or substantial production change. If such a change occurs without timely notice, the parties will work in good faith on a prospective adjustment; if they cannot agree, either party may terminate without penalty.

Renewal and Secondary Terms: The Agreement will continue month-to-month for successive one-billing-cycle Secondary Terms. The monthly Secondary-Term price may change no more frequently than monthly going up or down, and will reflect the applicable NYMEX Henry Hub settlement, Duke and pipeline transportation and balancing costs, Archer’s procurement and operating costs, and Archer’s margin. Archer will identify the current rate upon request. Client may terminate a Secondary Term without penalty. Archer will provide at least thirty (30) days’ notice before changing any term other than the monthly variable price.

Billing and Payment: When available, Archer will use Duke’s Utility Consolidated Billing, and Client will receive one bill containing Archer supply charges and Duke charges. Duke’s payment and budget-billing rules continue to apply. If consolidated billing is unavailable or a charge or credit cannot be placed on the utility bill, Archer may invoice Client directly. Past-due direct-billed amounts accrue interest at the lesser of 1.5% per month or the maximum lawful rate. Archer may charge $35 for a returned payment and a 3.5% credit-card surcharge. Billing errors may be corrected as permitted by law and tariff. Client remains responsible for reasonable collection costs for undisputed past-due amounts, to the extent permitted by law.

Default and Nonpayment: A material breach that is not cured within fourteen (14) days after written notice, failure to pay or maintain an agreed payment arrangement, materially false account information, loss of eligibility, or bankruptcy or insolvency constitutes an Event of Default. If Duke bills for Archer’s service and Client fails to pay the bill or maintain an agreed payment arrangement, Client’s service may be terminated in accordance with Duke’s tariff, and this Agreement may be automatically terminated; no early termination fee will apply. If Archer bills directly, Archer may terminate for nonpayment after at least fourteen (14) days’ written notice. The non-defaulting party may terminate for an uncured Event of Default. Client remains responsible for charges accrued through the effective termination date.

Termination and Rescission: After the rescission period outlined below, either party can cancel this agreement, subject to the Early Termination Fee outlined in the chart above, by providing notice to the other party of at least 30 days. The Agreement also terminates without penalty if the location is no longer served by Duke, Client relocates outside Duke’s territory, or Client relocates within the territory and portability is unavailable. Archer may terminate for nonpayment, an uncured Event of Default, inability to serve, Force Majeure, or a Regulatory Event, subject to required notice. Termination becomes effective on the date established by Duke and may take one or more billing cycles; the Agreement remains in effect until that date. After enrollment, Duke will send a confirmation notice. Client may rescind without penalty by contacting Duke orally or in writing within seven (7) business days after the postmark date of Duke’s confirmation notice, using the telephone number or address provided in that notice.

Force Majeure: Neither party is liable for a failure or delay caused by circumstances beyond its reasonable control, including severe weather, fire, flood, war, terrorism, sabotage, pandemic, labor dispute, governmental action, declared emergency, interruption of supply or transportation, inability to access Duke’s system, or nonperformance by Duke or another third party. Obligations are excused only for the duration and extent of the event; payment for service already provided is not excused. If the event materially prevents performance for more than thirty (30) days, either party may terminate without penalty.

Regulatory Event: If a new or changed law, rule, tariff, order, tax, charge, market structure, utility practice, or interpretation materially increases Archer’s cost or prevents performance, Archer may propose a prospective adjustment by giving at least thirty (30) days’ written notice describing the change and anticipated effect. Client may reject the adjustment and terminate without penalty before it takes effect. If the event legally or physically prevents performance, Archer may terminate upon any notice required by law, and Client will owe only charges accrued through termination.

Credit and Deposits: Archer may request reasonable credit information and, where permitted by law, obtain a credit report for enrollment, billing, and internal risk management. Archer does not require a deposit or other performance assurance for this product. Any future security arrangement must be separately agreed to in writing.

Title, Risk of Loss, and Warranties: Archer warrants title to the natural gas sold. Title and risk of loss pass at the delivery point established under Duke’s tariff. Duke remains responsible for physical delivery to Client’s premises. Except for title, Archer makes no express or implied warranty, including merchantability or fitness for a particular purpose.

Limitation of Liability: Each party’s liability is limited to direct, actual damages. Neither party is liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits. Archer is not liable for matters within Duke’s or another utility or pipeline operator’s control, including maintenance, meter readings, interruptions, outages, or deterioration or termination of distribution service. Except for payment obligations, confidentiality obligations, or willful misconduct, Archer’s aggregate liability will not exceed Client’s single largest monthly Archer supply charge during the twelve (12) months before the claim.

Amendments, Assignment, and Governance: The Agreement Summary and these terms are the entire agreement and supersede prior communications. Except for changes permitted under the Renewal or Regulatory Event provisions, an amendment must be written and signed by both parties. The Agreement Summary controls as to the LDC, product structure, price, Primary Term, renewal treatment, and early termination fee. Archer may assign the Agreement to another properly certified supplier, subject to required approvals and notice, if the assignee assumes Archer’s obligations. Client may assign with Archer’s prior written consent, not to be unreasonably withheld. This Agreement will be governed by the laws of the State of Ohio.

Severability and Non-Waiver: If a provision is invalid or unenforceable, it will be modified or severed to the minimum extent necessary and the remaining provisions will continue. Failure to enforce a provision or exercise a right is not a waiver of future enforcement.

Confidentiality and Customer Information: Neither party will disclose nonpublic commercial terms or confidential information except to affiliates, employees, lenders, counsel, consultants, accountants, service providers, and representatives with a need to know and confidentiality duties, or as required by law, PUCO order, or utility tariff. Client authorizes Archer to obtain from Duke information reasonably necessary to enroll and serve the accounts, including account identifiers, addresses, contacts, rate class, meter and billing-cycle data, usage, payment history, and tax status. Archer may use or disclose that information only for enrollment, service, billing, collections, account maintenance, compliance, assignment, or as otherwise authorized or required by law. Protected account and personal information will not be disclosed except as permitted by applicable law and PUCO rules.

Miscellaneous: Client may request, without charge, up to twenty-four (24) months of payment history for service under this Agreement, and Archer will provide it within five (5) business days. Duke may impose a tariffed switching fee and may charge a different rate when Client returns to utility service. Client is responsible for tax-exemption documentation and accurate contact information. Notices may be delivered by first-class mail or, when legally permitted and consented to, by email. Electronic signatures and counterparts are effective as originals. There are no third-party beneficiaries.

Dispute Resolution: For questions, complaints, billing concerns, or termination requests, Client may contact Archer toll free at (844) 795-7491, by email at info@archerenergy.com, or by mail at 9777 Fairway Dr, Powell, OH 43065, Monday through Friday, 9:00 a.m. to 5:00 p.m. Eastern Time. Archer will make good-faith efforts to resolve disputes. If your complaint is not resolved after you have called Archer Energy, LLC, or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service). The Ohio consumers' counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org.