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I. Broker Agreement

  1. You are the authorized representative for the account(s) listed on your utility bill, and you authorize the named local distribution companies, Retail Electric Provider (“REP”), or utility companies indicated on the utility bill to furnish us and/or our designated utility suppliers (each, a "Supplier" and collectively, "Suppliers") with the historical energy usage and load data for the accounts listed.
  2. You authorize BUE to identify opportunities for switching your supplier. BUE does not warrant that it will solicit prices from every potential Supplier or that it will receive competitive offers from every Supplier it does solicit.
  3. Summary of Services. Broker will provide to Customer some or all of the following services: obtain and analyze Customer’s or prospective customer’s electric usage; develop, prepare, and issue Requests for Pricing from REPs; aggregate pricing information and present to Customer; facilitate necessary steps required for Customer to procure retail electricity from a supplier being presented by Broker; and assist Customer with supplier management after a customer contract has been completed with supplier (collectively, “Services”)
  4. BUE calculates your estimated cost comparison based on known, historical service rates, an analysis of trends in utility standard service rates, and your estimated future usage, which is based on your historical usage. Estimated costs presented in documentation from BUE or in emails from BUE are best estimates and are not guaranteed to be accurate.
  5. If you terminate a retail agreement prior to the end of its term, you may be liable for an early termination fee (“ETF”) which the REP will issue to you. Under no circumstances will BUE be liable for any ETF you incur as a result of your pre-existing plan. While this Agreement is in effect, BUE will not knowingly cause you to incur an ETF as a result of actions by BUE without your consent.
  6. Any supply agreement for utility services rendered shall be between you and the Supplier — BUE is merely facilitating the transaction between you and the Supplier. BUE shall be compensated by the Supplier and you will not incur any out-of-pocket costs; however, BUE’s fee will be included in your rate charged to you by the supplier.
  7. Any email communication sent from Supplier to you regarding your Service may instead be sent to BUE, for the purposes of BUE keeping informed of the status of your utility service with them. We will use this information to update your BUE customer account.
  8. BUE is not an energy supplier, generator, transmitter, utility, financial advisor, commodity trading advisor, or distributor of energy, and BUE assumes no responsibility for the energy supply obligations of a Supplier pursuant to the supplier contract entered into by you and the Supplier. However, if your Supplier is unable to fulfill its obligations for any reason your local utility will step in as the "Supplier of Last Resort" and you should not experience any interruption in service. In advance of your account switching to a “Supplier of Last Resort”, BUE or Customer may attempt to facilitate a transfer of services to another REP.
  9. You understand that while BUE will always make its best effort to secure you competitive energy prices and ensure you save money on an annualized basis versus staying with your utility's standard service, we cannot guarantee that on any particular day you will always be on the lowest cost plan available.
  10. BUE reserves the right not to consider plans from Suppliers that it considers to be unscrupulous or not credit-worthy, regardless of how competitive their prices might be. Customer may request BUE to include such Suppliers and can do so by emailing their BUE representative and explicitly stating which Supplier(s) to include.
  11. The term of this Agreement shall be [one year] from the Effective Date and shall automatically renew for one-year periods or shall coincide with the term of the retail agreement facilitated by BUE, whichever is longer. Either Party may terminate this agreement at any time for any reason upon providing 7 business days’ notice in writing to the other Party.
  12. If this Agreement is terminated for any reason, BUE will no longer be managing your electricity supply, and whatever plan you were on at the time of cancellation will remain in effect until it expires or you switch yourself to another plan. You must monitor the expiration of that plan yourself and ensure you understand the implications of it expiring without a renewal or switch.
  13. This agreement incorporates all prior understandings and agreements between the Parties. This agreement may not be assigned or amended without mutual written consent. Any notices or communications shall be sent to the email address registered with your Service account. Any notices or communications to BUE shall be sent via email to BUE-Client-Services@nrgenergy.com.
  14. The Parties may waive any right under the Agreement without invalidating the Agreement or waiving any other rights.
  15. Should one or more of the provisions contained herein be held to be invalid, illegal, or unenforceable in any respect or for any reason, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement. Such invalid, illegal, or unenforceable provision shall, to the extent permitted by law, be deemed amended and given such interpretation as to achieve the intent of this Agreement.
  16. The agreement shall be subject to New York law without giving effect to principles of conflicts of law.
  17. BUE may show your signed copy of this Agreement to utility companies, suppliers, regulators or other authorized parties as required as proof of Customer's agreement with BUE.

II. DECLARATION OF AUTHORITY

This DECLARATION OF AUTHORITY (“Declaration”) is a declaration and certification made on the date first set forth above by and between Customer (“Principal”) and BUE (“Agent”).

DECLARATION: NOW, THEREFORE, Principal and Agent, as indicated below, makes the following additional certifications under the Agreement:

  1. Agent’s Authority. Principal authorizes Agent to act for Principal, on a non-exclusive basis, with respect to certain rights and responsibilities as specified in section 2 of this Declaration (the “Authorized Rights and Responsibilities”). With respect to the Authorized Rights and Responsibilities, Agent is authorized to communicate and transact with Retail Electric Providers (“REPs”) as Principal’s agent, and REP is authorized to communicate and transact directly with Agent as Principal’s agent. Principal’s rights and obligations with respect to its relationship with a REP shall be governed by a definitive agreement between Principal and REP (“Supplier Agreement(s)”).
  2. Specification of Authorized Rights and Responsibilities. In the following subparts (a) through (e), Principal and Agent specify the rights and responsibilities with respect to which Agent is authorized to act for Principal. For avoidance of doubt, Broker’s agency authority shall be limited to the actions below, and such authorization shall exclude execution of any contracts or documentation on Principal’s behalf, including but not limited to Supplier agreement. Agent Broker will:
    1. Obtain and analyze Customer’s or prospective customer’s electric usage;
    2. Develop, prepare, and issue Requests for Pricing from REPs;
    3. Aggregate pricing information and present to Customer;
    4. Facilitate necessary steps required for Customer to procure retail electricity from a supplier being presented by Broker; and
    5. Assist Customer with supplier management after a customer contract has been completed with supplier.
  3. Continuing Responsibilities and Liabilities of Principal. Principal shall remain liable to REP for all amounts due or which become due to supplier under the Supplier Agreement(s), and Agent’s authorization to make payment of any such amounts hereunder (if specified in section 2 of this Declaration) shall not release Principal from liability for any financial obligations to REP not satisfied by Agent.
  4. Data Privacy. Customer data, including proprietary client information, and account access information will be used for the limited purpose of providing the Services. All BUE systems are properly maintained and updated to include security patches on a periodic basis. Antivirus software is installed on all servers and workstations and is maintained with up-to-date signatures. All confidential Customer information is encrypted utilizing industry best practice encryption methods. All Customer information will be retained consistent with BUE document retention policies and prevailing industry standards and is disposed of periodically consistent with those policies. BUE will dispose of Customer information at the conclusion of the Agreement upon Customer request, however BUE will retain, to the extent permitted by law: (i) any Customer information stored in electronic or other backup or archival media in accordance with BUE’s regular business processes; and (ii) copies of Customer information as may be retained in accordance with BUE’s record retention policies or law and regulation.
  5. Reliance and Indemnity, Duty to Inform, Liability Waiver, Termination, and Rules of Construction. (a) Principal (Customer) may, for its sole convenience, terminate this Declaration by providing at least seven days (7) days prior written notification to Agent in writing. Upon such termination, all rights, responsibilities, and accounts will revert back to the Principal. Agent shall not charge Principal any termination fees with respect to such termination of this Declaration.
  6. Effective Date(s). The Effective Date of the Declaration of Authority shall be the Effective Date of the Agreement as set forth above and shall remain in effect until terminated by either Party as provided under this Agreement.