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DELIVERY INFORMATION

GENERAL TERMS AND CONDITIONS Agreement to Sell and Purchase Energy: This is an agreement between East Coast Power LLC in partnership with Marathon Energy Corporation ("East") and the undersigned customer ("Customer") under which Customer shall initiate natural gas service and begin enrollment with East (the "Agreement"). Subject to the terms and conditions of this Agreement, East agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas, as estimated by East, necessary to meet Customer's requirements based upon consumption data obtained by East or the delivery schedule of the Local Distribution Utility (the "LDU"). The amount of natural gas delivered under this Agreement is subject to change based upon data reflecting Customer's consumption obtained by East or the LDU's delivery schedule. The LDU will continue to deliver the gas supplied by East. Term: This Agreement shall commence as of the date Customer's notice regarding the change of Customer's provider to East is deemed effective by the LDU, and shall continue for 12 months thereafter (the "Initial Term"). Upon completion of the Initial Term, this Agreement will automatically renew on a month-to-month basis at the same terms, unless East sends Customer written notice of proposed changes to such terms in advance of the renewal date (the "Renewal Term"). Any such written notice will be sent by East at least 45 days and no more than 90 days prior to the renewal date, apprising Customer of any proposed changes in the terms and conditions of this Agreement and of the Customer's right to renew, terminate or renegotiate this Agreement. When receiving service on a month-to-month basis, Customer may cancel or terminate this Agreement without penalty so long as East is provided with 30 days' advance written notice of termination. Pricing, Billing, and Termination: As indicated on previous page. East will invoice Customer monthly for natural gas delivered under this Agreement, as measured by the LDU, and Customer will pay each invoice in full within 20 days of the invoice date or be subject to a late payment charge of 1.5% per month. Customer may receive a single bill for both commodity and delivery costs from either East or the LDU, or each of the LDU and East may invoice Customer separately. Customer payments remitted in response to a consolidated bill shall be pro-rated (when so required) in accordance with procedures adopted by the New York State Department of Public Service (the "DPS"). In the event of failure to remit payment when due, East may terminate commodity service and seek suspension of distribution service in conformance with the Home Energy Fair Practices Act ("HEFPA"). A $20 fee will be charged for all returned checks Assignment: Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of East. East may sell, transfer, pledge, or assign the accounts receivable, revenues, or proceeds hereof, in connection with any financing agreement, purchase of accounts receivables program or billing services agreement, and may assign this Agreement and the rights and obligations there under, to another energy supplier, energy service company or other entity as authorized by the DPS. Information Release Authorization: Customer authorizes East to obtain and review information regarding Customer's credit history from credit reporting agencies and the following information from the LDU: consumption history; billing determinants; utility account number; credit information; public assistance status; existence of medical emergencies, status as to whether Customer has a medical emergency, is human needs, elderly, blind or disabled and data applicable to cold weather periods under PSL  32 (3); and information pertaining to PSL  33, tax status and eligibility for economic development or other incentives. This information may be used by East to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law. Customer's execution of this Agreement shall constitute authorization for the release of this information to East. This authorization will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to East or by calling East at 1-718-435-2200. East reserves the right to cancel this Agreement in the event Customer rescinds the authorization. Consumer Protections: The services provided by East to Customer are governed by the terms and conditions of this Agreement and HEFPA. East will provide at least 15 days' notice prior to the cancellation of service to Customer. In the event of non-payment of any charges owed to East, Customer may be subject to termination of commodity service and the suspension of distribution service under procedures approved by the DPS. Customer may obtain additional information by contacting East at 1-718-435-2200 or the DPS at 1-800-342-3377, or by writing to the DPS at: New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223, or through its website at: http://www.dps.state.ny.us. You may also contact the Department for inquiries regarding the competitive retail energy market at 1.888.697.7728. Cancellation: Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement, whichever comes first, by contacting East at 1-718-435-2200. Customer is liable for all East charges until Customer returns to the LDU or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading. Agency: Customer hereby appoints East as agent for the purposes of (i) acquiring the supplies necessary to meet Customer's natural gas needs, and (ii) arranging, contracting for and administering transportation and related services over transmission facilities and those of the LDU needed to deliver natural gas to the Customer's premises. These services are provided on an arm's length basis and market-based compensation is included in the price noted above. Title: All natural gas sold under this Agreement shall be delivered to a location considered the "Point of Delivery", which for gas shall be a location outside the State of New York, which shall constitute the point at which title transfers and the sale occurs hereunder. East will arrange for transportation to the appropriate City Gate of the LDU. East will indemnify and hold harmless Customer from all taxes, royalties, fees or other charges incurred before title passes with respect to the natural gas provided hereunder. Warranty: This Agreement, including applicable attachments, constitutes the entire Agreement between Customer and East. East makes no representations or warranties other than those expressly set forth in this Agreement, and East expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use. Force Majeure: East will make commercially reasonable efforts to provide natural gas hereunder but East does not guarantee a continuous supply of natural gas to Customer. Certain causes and events out of the control of East ("Force Majeure Events") may result in interruptions in service. East will not be liable for any such interruptions caused by a Force Majeure Event, and East is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the LDU (including, but not limited to, a facility outage on its natural gas distribution lines), changes in laws, rules, or regulations of any governmental authority or any other cause beyond East's control. Liability: The remedy in any claim or suit by Customer against East will be solely limited to direct actual damages. By entering into this Agreement, Customer waives any right to any other remedy in law or equity. In no event will either East or Customer be liable for consequential, incidental, indirect, special or punitive damages. These limitations apply without regard to the cause of any liability or damages. There are no third-party beneficiaries to this Agreement. Contact Information: Customer may contact East's Customer Service Center at 1-718-435-2200, Monday through Friday 8:00 a.m. - 8:00 p.m. EST and Saturday 8:00 a.m. - 3:00 p.m. EST (contact center hours subject to change). Customer may write to East at: Marathon Energy Corporation, 868 39th Street, Brooklyn, NY 11232 Dispute Resolution: In the event of a billing dispute or a disagreement involving East's service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact East by telephone or in writing as provided above. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the DPS pursuant to its Complaint Handling Procedures ("Procedures") or calling the DPS at 1.800.342.3377. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of DPS. Choice of Laws: Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the laws of the State of New York without regard to the application of its conflicts of law principles. Taxes and Laws: Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature and description due and payable with respect to service provided under this Agreement, other than taxes based on East's net income, shall be paid by Customer, and Customer agrees to indemnify East and hold East harmless from and against any and all such taxes. 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. Regulatory Changes: If at some future date there is a change in any law, rule, regulation or pricing structure whereby East is prevented, prohibited or frustrated from carrying out the terms of the Agreement, at its sole discretion East shall have the right to cancel this Agreement on 15 days' notice to Customer. Emergency Service: The LDU will continue to respond to leaks and emergencies. In the event of a natural gas leak, service interruption or other emergency, Customer should immediately call the LDU at for Con Edison 1.800.75CONED, for National Grid 1.800.490.0045, and emergency personnel. Customer should then call East at: 1-718-435-2200. Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. In the case of telephonic or electronic enrollment such execution shall be deemed provided pursuant to the methods authorized under the New York Uniform Business Practices.

I agree to the terms and conditions

I hearby certify

• I have read an agree to all the terms and conditions stated above
• I am authorized to proceed with this enrollment and my name and title is
• All the information I have provided herein are true and correct

First Name:

Last Name:

Title:     Sales Representative:

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