New York – Variable Rate Renewable Electricity Supply Agreement and Customer Disclosure Statement – v.01.01.0826

Sample agreement. This is the agreement Spartacus Energy of New York, LLC uses for residential customers. Your own Customer Disclosure Statement shows your details and your first month's price. Current prices are on our Rates page.

Spartacus Energy of New York, LLC ("SPARTACUS") and ____________ (name), ____________ (service address).

Customer Disclosure Statement

Energy Services Company (ESCO) Information: Spartacus Energy of New York, LLC

940 77th St Fl 1, Brooklyn NY 11228

Toll Free: (866) 636 9227

www.spartacuses.com | support@spartacuses.com

Spartacus Energy of New York, LLC ("SPARTACUS") is an energy services company (ESCO) eligible to sell electricity supply in New York State under the rules of the New York State Public Service Commission ("PSC"). SPARTACUS is responsible for the supply charges on your bill. SPARTACUS is not affiliated with, and does not represent, your utility.

Product: Renewable Electricity Supply – Variable Price (100% Renewable)

Price Structure / How Price Is Determined: Variable Rate. The price you pay for electricity supply may vary from month to month. Each month's price will reflect the cost of electricity obtained from all sources, including the New York Independent System Operator ("NYISO") zonal locational based marginal price ("LBMP") determined on a day-ahead or real-time basis, capacity, ancillary services and other NYISO charges, the cost of Renewable Energy Certificates required for this product, any supply and agency functions that Spartacus performs for you, related transmission and utility charges applicable to supply, other market-related factors, and Spartacus's administrative expenses and margins. The price does not include applicable state and local sales taxes, which will be added to your bill as applicable. The price may change with each billing period, and you will be notified of the price for each billing period at the time of billing. If you are tax exempt, you must furnish Spartacus with an exemption certificate before service begins. Your electricity supply price may be higher or lower than your utility's price in any given month, there are no limits on how much the price may change from one billing cycle to the next, and there is no guarantee of savings.

Supply Price: The electricity supply PRICE for your first billing cycle with Spartacus will be $______ per kilowatt hour (kWh). Thereafter it will vary from month to month based on the factors described above.

Guaranteed Savings: This Agreement offers NO guaranteed savings. Your price may be higher or lower than your utility's supply price in any given month.

Renewable Energy Content: 100% of your electricity usage will be matched with Renewable Energy Certificates (RECs) that Spartacus purchases and retires on your behalf. RECs will be sourced from generators eligible under New York's Renewable Energy Standard ("RES") and Clean Energy Standard, in compliance with the RES locational and delivery requirements, through the New York Generation Attribute Tracking System (NYGATS), Tier 1 REC purchases from NYSERDA, or bilateral contracts with eligible renewable generators. The renewable content of this product exceeds Spartacus's RES obligation by at least 50%. See the Renewable Energy Product section of the General Terms & Conditions.

Length of Agreement and End Date: Month to month. This Agreement has no fixed end date and continues on a month-to-month basis (each billing cycle) until cancelled by either party as described below.

Contract Start Date: Your Spartacus supply service will begin on the next available meter read date after your utility processes the enrollment, on a date set by your utility.

Provisions for Renewal and Changes to the Agreement: Because this is a month-to-month variable price agreement, it renews automatically each billing cycle on the same terms. If Spartacus proposes a material change to this Agreement, including a change in product type or in the way the price is determined, Spartacus will send you written notice not less than 30 days nor more than 60 days before the change takes effect. Spartacus must receive your express consent to any material change; if your express consent is not received, you will be returned to your utility's supply service. You have 3 business days from receipt of the first bill under the changed terms to reject the change and cancel without any fee.

Cancellation & Early Termination Fee: NO early termination or cancellation fee. You may cancel at any time.

Late Payment Fee: Spartacus does not charge a separate late payment fee. Your utility issues your bill, and any late payment charges are assessed by your utility in accordance with its PSC-approved tariff.

Deposit Requirements: None

Right of Rescission: You may cancel this Agreement without penalty at any time before midnight of the third (3rd) business day after receiving this Customer Disclosure Statement, by calling Spartacus toll free at 1-866-636-9227, or by contacting us in writing or electronically. See Contact Information above and below.

How to Cancel: To cancel this Agreement at any time, contact Spartacus by telephone at 1-866-636-9227, by email at support@spartacuses.com, or by mail at Spartacus Energy of New York, LLC, 940 77th St Fl 1, Brooklyn NY 11228. You may also contact your utility to cancel. You remain responsible for all charges for electricity supplied up to the date your utility completes the switch.

Assistance Program Customers: Customers enrolled in a utility low-income or energy assistance program ("Assistance Program Participants") may not be enrolled with Spartacus under this Agreement. If you are or become an Assistance Program Participant, Spartacus will return your account to your utility's supply service in accordance with PSC requirements.

GENERAL TERMS & CONDITIONS

Welcome to Spartacus Energy of New York, LLC ("SPARTACUS"). This is an agreement for electricity supply service between SPARTACUS and ____________ (name), ("You" and "Customer"), at ____________ (service address). SPARTACUS is an energy services company ("ESCO") eligible to sell electricity supply in New York State under the rules of the New York State Public Service Commission ("PSC" or "Commission"), including the Uniform Business Practices ("UBP"). SPARTACUS is not affiliated with, and does not represent, your utility.

Agreement to Sell and Purchase Electricity: Subject to the terms of this Agreement, SPARTACUS agrees to sell, and Customer agrees to purchase, the quantity of electricity necessary to meet Customer's requirements at the service address, as estimated by SPARTACUS based on consumption data obtained from your utility. The amount of electricity supplied is subject to change based on Customer's actual consumption and your utility's delivery schedule.

Your Utility: Your local electric utility ("Utility" or "Local Distribution Company") will continue to deliver your electricity, read your meter, and respond to emergencies. You will continue to receive a single bill from your Utility that will contain SPARTACUS's charges for electricity supply and your Utility's charges for delivering your electricity. Supply prices and charges are set by the ESCO you have chosen. The PSC regulates delivery prices and services. The Federal Energy Regulatory Commission regulates transmission prices and services. In the event of a power outage or other emergency, contact your Utility immediately using the emergency number on your bill (see Emergency Service below).

Right of Rescission: A residential Customer may cancel this Agreement without penalty at any time before midnight of the third (3rd) business day after receiving this Agreement and Customer Disclosure Statement, by calling SPARTACUS toll free at 1-866-636-9227, or by contacting SPARTACUS in writing or electronically (if available). See Contact Information above and below for ways to contact us.

Definitions: Utility / Local Distribution Company (LDC): The regulated public utility that owns the wires and meters and delivers electricity to retail customers in your area. Utilities are regulated by the PSC.

Supply (Commodity) Charge: The charge for the electricity you use. Supply service is competitively priced and is not regulated by the PSC. If you purchase electricity from an ESCO, your supply charge is determined by the agreement between you and your ESCO.

Delivery Charge: The Utility's charge for delivering electricity over its transmission and distribution system to your home or business. Delivery charges are regulated by the PSC and are the same whether you buy your supply from the Utility or from an ESCO.

NYISO: The New York Independent System Operator, which operates New York's wholesale electricity market and bulk transmission system.

Renewable Energy Certificate (REC): A tradable certificate representing the environmental attributes of one megawatt-hour of electricity generated from a renewable resource.

Price: This is a Variable Price agreement. The price for your first billing cycle of service from SPARTACUS is stated on your Customer Disclosure Statement. Thereafter, the price you pay for electricity supply may vary from month to month and each month will reflect the cost of electricity obtained from all sources, including the NYISO zonal locational based marginal price ("LBMP") determined on a day-ahead or real-time basis, capacity, ancillary services and other NYISO charges, the cost of Renewable Energy Certificates required for this product, any supply and agency functions that SPARTACUS performs for you, related transmission and Utility charges applicable to supply, other market-related factors, and SPARTACUS's administrative expenses and margins. The price does not include applicable state and local sales taxes, which will be added to your bill as applicable. The price may change with each billing period, and you will be notified of the price for each billing period at the time of billing. If you are tax exempt, you must furnish SPARTACUS with an exemption certificate before service begins. Your electricity supply price may be higher or lower than your Utility's supply price in any given month, there are no limits on how much the price may change from one billing cycle to the next, and there is no guarantee of savings. Historical pricing information for this variable price product can be obtained at www.spartacuses.com or by calling 1-866-636-9227. Please know that past prices do not indicate present or future prices.

Length of Agreement; Renewal; Changes to the Agreement: This Agreement will start on the date that your Utility completes the switch to SPARTACUS and will continue on a month-to-month basis, renewing automatically each billing cycle on the same terms, until either party cancels the Agreement as provided below. If SPARTACUS proposes a material change to this Agreement, including a change in product type, a change in the manner in which the price is determined, or a change from a variable price to a fixed price, SPARTACUS will provide you written notice not less than 30 days nor more than 60 days before the change takes effect, explaining the change and your options. SPARTACUS must receive your express consent to any such material change; if your express consent is not received, your account will be returned to your Utility's supply service. You will have 3 business days from receipt of your first bill under the changed terms to reject the change and cancel without any fee.

Cancellation: You may cancel this Agreement at any time, for any reason, and without any fee by providing notice to SPARTACUS by calling 1-866-636-9227, by emailing support@spartacuses.com, or by writing to SPARTACUS at 940 77th St Fl 1, Brooklyn NY 11228; you may also cancel by contacting your Utility. You remain obligated to pay for all electricity supply provided to you prior to the effective date of cancellation. SPARTACUS may cancel this Agreement at any time by providing at least fifteen (15) days' written notice to Customer. Common reasons for SPARTACUS to cancel this Agreement include termination of Customer's service by the Utility, a Customer move to a different service address, Customer's enrollment in a Utility assistance program, Customer's rescission of the Information Release Authorization below, or non-payment. In all cases, the effective cancellation date will be the date your Utility switches your supply service back to the Utility or to another ESCO, which generally occurs on the next available meter read date after the Utility processes the cancellation. A final bill will be rendered within twenty (20) days after the final scheduled meter reading; if meter access is unavailable, an estimate of consumption will be used and trued up after the final meter reading.

Penalties, Fees and Exceptions: There is NO early termination or cancellation fee under this Agreement. There is no charge from SPARTACUS for starting or stopping electricity supply service. SPARTACUS does not charge a separate late payment fee; any late payment charges are assessed by your Utility under its PSC-approved tariff. No deposit is required.

Renewable Energy Product: 100% of your electricity usage will be matched with the generation of electricity from renewable resources through the purchase and retirement of Renewable Energy Certificates (RECs). RECs will be purchased and retired in an amount equal to 100% of your metered usage. To satisfy this Agreement, SPARTACUS will procure RECs only from generators eligible under New York's Renewable Energy Standard ("RES") and Clean Energy Standard, in compliance with the RES locational and delivery requirements, by purchasing RECs from eligible renewable generators through the New York Generation Attribute Tracking System (NYGATS), by purchasing Tier 1 RECs from NYSERDA, by procuring RECs from eligible renewable generators through bilateral contracts, or by entering into bundled energy and REC purchase agreements with eligible renewable generators. The renewable content of this product is at least 50% greater than SPARTACUS's RES obligation for the applicable compliance year. Electricity is delivered to you through the Utility's system from the pool of generation on the grid; the RECs represent the environmental attributes of renewable generation and do not mean that the physical electrons delivered to your home are from a particular renewable generator. Information regarding the renewable content and REC sourcing of this product is available upon request by contacting SPARTACUS.

Bill Payment: You will receive a single bill from your Utility that will contain SPARTACUS's charges for electricity supply and your Utility's charges for delivering your electricity. You will continue to make all payments to your Utility, and payments will be applied in accordance with procedures adopted by the New York State Department of Public Service ("DPS"). SPARTACUS may sell or assign Customer's accounts receivable to the Utility. In the event of non-payment, a residential Customer's supply service may be terminated and the Utility may suspend delivery service in accordance with the Home Energy Fair Practices Act ("HEFPA") and procedures approved by the PSC.

Assistance Program Participants: Pursuant to PSC order, customers who participate in a Utility low-income or energy assistance program ("Assistance Program Participants") may not be enrolled with SPARTACUS under this Agreement. If SPARTACUS is notified by your Utility that you are or have become an Assistance Program Participant, your account will be returned to your Utility's supply service in accordance with PSC requirements, and this Agreement will terminate without any fee.

Consumer Protections and Dispute Resolution: The services provided by SPARTACUS to Customer are governed by the terms and conditions of this Agreement, the rules and regulations of the PSC, including the UBP, HEFPA (for residential customers), and other applicable law. Nothing contained in this Agreement shall constitute a waiver of any rights you may have under HEFPA or New York or federal consumer protection laws. SPARTACUS will provide at least fifteen (15) days' notice prior to the cancellation of service to Customer. In the event of a billing dispute or a disagreement involving SPARTACUS's service hereunder, the parties will use their best efforts to resolve the dispute; Customer should contact SPARTACUS by telephone or in writing as provided below. During the pendency of a dispute, Customer must pay the bill in full except for the specific disputed amount, and such payment shall be refunded if warranted by the decision of DPS. If you are not satisfied after discussing your concerns with us, you may contact the New York State Department of Public Service: by phone at the DPS Helpline, 1-800-342-3377 (Monday–Friday, 8:30 a.m.–4:00 p.m.); by mail at Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223; or online at www.dps.ny.gov/complaints. Inquiries regarding the competitive retail energy market may also be directed to the DPS ESCO Hotline at 1-888-697-7728.

Contact Information: Supplier Information: Spartacus Energy of New York, LLC, www.spartacuses.com, support@spartacuses.com, 1-866-636-9227 (Monday through Friday, 9AM–5PM ET; contact center hours subject to change), 940 77th St Fl 1, Brooklyn NY 11228.

New York State Department of Public Service: Office of Consumer Services, 3 Empire State Plaza, Albany, NY 12223. Helpline: 1-800-342-3377. ESCO Hotline: 1-888-697-7728. Website: www.dps.ny.gov. Information about shopping for an energy supplier and a list of eligible ESCOs is available at www.dps.ny.gov and in the ESCO Consumer Bill of Rights enclosed with this Agreement.

Emergency Service: Your Utility will continue to respond to power outages and emergencies. In the event of a service interruption or other emergency, Customer should immediately call the Utility at the emergency number shown on the Utility bill: Con Edison 1-800-752-6633; Orange & Rockland 1-877-434-4100; National Grid 1-800-642-4272; Central Hudson 1-800-527-2714; RG&E 1-800-743-1701; NYSEG 1-800-572-1111; PSEG Long Island 1-800-490-0075. Customer may then call SPARTACUS at 1-866-636-9227.

Agency; Title: Customer hereby designates SPARTACUS as agent to (a) arrange and administer contracts and service agreements between Customer and SPARTACUS and those entities, including the NYISO, engaged in the generation, transmission and delivery of Customer's electricity supply, and (b) nominate and schedule with the appropriate entities, including the Utility, the delivery of electricity to the sales point and Customer's end-use premises. These services are provided on an arm's-length basis and market-based compensation is included in the price. All electricity sold under this Agreement shall be delivered to the NYISO SPARTACUS load bus (located outside of the municipality where Customer resides), which shall constitute the point at which title transfers and the sale occurs. SPARTACUS will indemnify and hold harmless Customer from all taxes, royalties, fees or other charges incurred before title passes with respect to the electricity provided hereunder.

Information Release Authorization: Customer authorizes SPARTACUS to obtain and review the following information from the Utility: consumption history; billing determinants; account number; service classification; public assistance status and participation in Utility low-income or energy assistance programs; the existence of a medical emergency and status as to whether Customer is a human needs, elderly, blind or disabled customer and data applicable to cold weather periods under Public Service Law § 32(3); information pertaining to Public Service Law § 33; and tax status. This information may be used by SPARTACUS to determine whether it will commence and/or continue to provide electricity supply service to Customer and will not be disclosed to a third party unless required by law. Customer's execution of this Agreement, including by telephonic or electronic enrollment authorized under the UBP, shall constitute authorization for the release of this information to SPARTACUS. This authorization will remain in effect during the entirety of this Agreement and any renewal thereof. Customer may rescind this authorization at any time by contacting SPARTACUS at 1-866-636-9227 or in writing. SPARTACUS reserves the right to cancel this Agreement in the event Customer rescinds the authorization. SPARTACUS will maintain the confidentiality of Customer's personal information, including name, address, telephone number, account number, usage and payment history, as required by the UBP and applicable federal and state law, and will not sell or disclose such information to third parties except as required to provide service under this Agreement or by law.

LIMITATION OF LIABILITY: NEITHER CUSTOMER NOR SPARTACUS WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES ARISING FROM A BREACH OF THIS AGREEMENT. LIABILITY UNDER THIS AGREEMENT, IF NOT OTHERWISE LIMITED BY ANOTHER PROVISION OF THIS AGREEMENT, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED, PER CLAIM (OR IN THE AGGREGATE DURING ANY 12-MONTH PERIOD), THE TOTAL NET PAYMENTS MADE BY CUSTOMER FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS PRECEDING THE MONTH IN WHICH THE DAMAGE OCCURRED. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT. NOTHING IN THIS SECTION LIMITS ANY RIGHTS OR REMEDIES AVAILABLE TO CUSTOMER UNDER HEFPA OR THE UBP.

Force Majeure: Neither Customer nor SPARTACUS will be liable for a breach of this Agreement if such breach is due to a Force Majeure Event. A Force Majeure Event means a material, unavoidable occurrence beyond a party's control, including fire, acts of God or public enemy, government restraint or order, an extraordinary weather event, labor strike, lockout or industrial disturbance, act of terrorism, war, flood, explosion, the unavailability for any reason of the Utility's or NYISO's transmission or distribution systems, curtailment by the Utility or NYISO, and other events that cannot be prevented or overcome by the ordinary due diligence of the affected party. SPARTACUS does not generate or deliver electricity and does not guarantee a continuous supply of electricity. A Force Majeure Event does not include an inability to pay any amount owing pursuant to this Agreement.

NO WARRANTIES: SPARTACUS MAKES NO WARRANTIES, AFFIRMATIONS OF FACT OR PROMISES, EXPRESSED OR IMPLIED, THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

APPLICABLE LAWS, ETC.: THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES RELATING TO CONFLICTS OF LAWS. VENUE FOR ANY ACTION BROUGHT TO ENFORCE OR CONSTRUE THIS AGREEMENT SHALL LIE EXCLUSIVELY IN THE STATE OF NEW YORK. This Agreement is subject to present and future legislation, orders, rules, regulations, or decisions of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided hereunder, including the PSC and the UBP. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure ("Regulatory Change") that impacts any term, condition or provision of this Agreement, including but not limited to price, SPARTACUS shall have the right to modify this Agreement to reflect such Regulatory Change by providing you with written notice of such modification in accordance with the UBP, and, where the modification constitutes a material change, subject to the express consent requirements described above.

ARBITRATION AGREEMENT, WAIVER OF RIGHT TO SUE IN COURT, AND WAIVER OF CLASS ACTION: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE NEW YORK LAW, IF THERE IS AN ISSUE, CLAIM OR DISPUTE RELATING TO THIS ELECTRICITY SUPPLY AGREEMENT THAT NEEDS TO BE RESOLVED AND WE ARE UNABLE TO RESOLVE IT INFORMALLY, IT MUST BE RESOLVED THROUGH FINAL, BINDING ARBITRATION AND WE MUTUALLY FOREGO THE RIGHT TO RESOLVE IT IN A COURT OF LAW. THIS APPLIES REGARDLESS OF WHETHER THE ISSUE, CLAIM OR DISPUTE INVOLVES A TORT, FRAUD, BREACH OF CONTRACT, MISREPRESENTATION, PRODUCT LIABILITY, NEGLIGENCE, VIOLATION OF A STATUTE OR ANY OTHER LEGAL THEORY. INCLUDED ARE ALL ISSUES, CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO ANY ASPECT OF YOUR PARTICIPATION IN THIS ELECTRICITY SUPPLY AGREEMENT AND AUTHORIZATION TO SWITCH ELECTRICITY SUPPLY SERVICE TO SPARTACUS, WHETHER ARISING DURING OR AFTER YOUR PARTICIPATION. ALL ARBITRATIONS SHALL BE CONDUCTED ON AN INDIVIDUAL (AND NOT A CLASS-WIDE) BASIS AND AN ARBITRATOR SHALL HAVE NO AUTHORITY TO AWARD CLASS-WIDE RELIEF. YOU ACKNOWLEDGE AND AGREE THAT THIS SPECIFICALLY PROHIBITS YOU FROM COMMENCING ARBITRATION OR ANY OTHER PROCEEDINGS AS A REPRESENTATIVE OF OTHERS OR JOINING IN ANY ARBITRATION OR ANY OTHER PROCEEDINGS BROUGHT BY ANY OTHER PERSON. NOTWITHSTANDING THE FOREGOING, THIS PARAGRAPH DOES NOT PREVENT YOU FROM FILING A COMPLAINT WITH THE NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE OR THE PSC, OR FROM EXERCISING ANY RIGHTS AVAILABLE TO YOU UNDER HEFPA OR THE UBP.

Assignment: You may not assign this Agreement without SPARTACUS's prior written consent. SPARTACUS may assign this Agreement to another ESCO eligible to sell electricity in New York State as authorized by the DPS, and you will be provided at least thirty (30) days' written notice prior to any such assignment. This Agreement will inure to and be binding upon the successors and assignees of the parties. SPARTACUS may sell, transfer, pledge, or assign the accounts, revenues, or proceeds thereof, in connection with any financing agreement or receivables purchase program, including to your Utility.

Taxes: Except as otherwise provided in this Agreement or by law, all applicable sales, use and similar taxes due and payable with respect to the electricity supplied under this Agreement, other than taxes based on SPARTACUS's net income, shall be paid by Customer and will appear on your Utility bill as applicable.

Entire Agreement; Enrollment: This Agreement, including the Customer Disclosure Statement and any enrollment form or attachments, is the entire understanding between Customer and SPARTACUS with respect to the subject matter hereof, and there are no promises, covenants, or undertakings other than those expressly set forth in this Agreement. In the case of telephonic or electronic enrollment, execution of this Agreement shall be deemed provided pursuant to the methods authorized under the UBP, and SPARTACUS will retain verifiable proof of your authorization as required by the UBP. A copy of the New York State Public Service Commission's ESCO Consumer Bill of Rights is enclosed with this Agreement.