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fees) related to the sale purchase, and delivery of such natural gas to my home or business, "Taxes" means all taxes, assessments, duties, fees,
<br />levies premiums or any other charges of any kind, whether direct or indirect, and whether imposed on me or that Constellation passes through to
<br />me, relating to the sale, purchase or delivery of natural gas, together with all interest, penalties or other additional amounts imposed, including but
<br />not limited to gross receipts, utility taxes, sales, consumption, use, value added, per therm, commercial activity or other privilege tax, and any
<br />other tax (whether in effect as of the effective date of this agreement) imposed by any governmental entity.
<br />11. I agree that neither Constellation nor any of its affiliates or subcontractors shall be liable for any damages or claims for matters within the control
<br />of NIPSCO, which include maintenance of pipelines, service interruptions, loss or termination of service, meter readings or injury to persons or
<br />damage to property caused by the delivery or supply of natural gas. Neither Constellation nor any of its affiliates or subcontractors will be
<br />responsible for any failure to commence or terminate natural gas supply service on the date specified herein due to any failure or delay in
<br />enrolling you with NIPSCO. Constellation's liability shall be limited to direct actual damages only, which will not exceed the amount of my single
<br />largest monthly invoice during the preceding twelve (12) months. In no event shall Constellation or any of its affiliates or subcontractors be liable
<br />for any punitive, incidental, consequential, exemplary, indirect, third -party claims or other damages whether based on contract, warranty, tort,
<br />negligence, strict liability or otherwise, or for lost profits arising from any breach or nonperformance of this Contract. If something happens that is
<br />beyond Constellation's reasonable control that prevents us from performing our obligations under this Contract, then Constellation will be relieved
<br />from performance until the situation is resolved. Examples of such events include; acts of God, fire, flood, hurricane, war, terrorism; labor
<br />disputes; declaration of emergency by a governmental entity or NIPSCO; curtailment, disruption or interruption of natural gas distribution or
<br />supply; regulatory, administrative, or legislative action, or action or restraint by court order or other governmental entity; and actions taken by third
<br />parties not under my or Constellation's control, such as NIPSCO.
<br />12. 1 understand that there may be delays before NIPSCO switches my account and that Constellation may choose not to accept this Contract for any
<br />reason whatsoever. This Contract is our complete agreement. No oral statements made by anyone are a part of this Contract, and any changes to
<br />this Contract must be made in writing. Constellation may change the terms of this Contract by providing notice of such change at least thirty (30)
<br />days prior to the effective date of the change. If I do not agree with the change, I may cancel this Contract by providing written notice to
<br />Constellation within thirty (30) days of the date of the notice. Constellation may record and disclose telephone conversations with me.
<br />Constellation may ask commercial customers for credit enhancements or adequate assurance of their ability to perform their obligations under this
<br />Contract, which must be provided within thirty (30) days of such request. Constellation may assign this Contract to another supplier authorized by
<br />NIPSCO provided that Constellation gives me no less than thirty (30) days written notice and the assignee assumes all of Constellation's
<br />responsibilities and duties under this contract. Any required notice shall be deemed to have been made if mailed to the appropriate party at the
<br />last known mailing address. Neither my Customer account number(s) nor any other confidential information will be released without my written
<br />consent. For purposes of accounting both parties accept the quantity, quality, and measurement determined by NIPSCO, Except as provided by
<br />law, all taxes due and payable with respect to the customers obligations under this Contract shall be paid by customer.
<br />FOR INTERNAL USE ONLY
<br />©2017 Constellation Energy Resources, LLC. The forgoing offering is sold and contracted by Constellation NewEnergy - Gas Division, LLC, a subsidiary of Exelon Corporation.
<br />Errors and omissions excepted. CNEG_IN—NIPSCCLNYMEX_HENRY HUB_SMB_06.15,17 Page 5 of 5
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