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3.09 3.9 AGREEMENTS\Constellation-Power Sale thru MEGA Program—Renewal Townwide and Water Dept—10-16-2023 RESOLUTION AUTHORIZING AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND CONSTELLATION ENERGY SERVICES OF NEW YORK, INC., FOR POWER SALE RESOLUTION NO.: 12023 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No: 221,2020, the Queensbury Town Board authorized Power Sale Agreements with Constellation Energy Services of New York, Inc., (Constellation) through the MEGA Program through November, 2023 in an effort to reduce energy costs, and WHEREAS, the Town wishes renew such Agreements with Constellation to continue its effort to reduce energy costs, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Confirmation Agreements between the Town of Queensbury and Constellation Energy Services of New York, Inc., in substantially the form presented at this meeting and/or in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Water Superintendent/Wastewater Director and authorizes and directs the Town Supervisor to execute the Agreements, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Water Superintendent/Wastewater Director and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 16t'day of October, 2023,by the following vote: AYES NOES ABSENT : 2 Ammit- CoConstettation. Agreement is Not Valid Unless Executed by Seller Constellation NewEnergy,Inc. Electricity Supply Agreement—Flexible'Index Solutions CUSTOMER DISCLOSURE STATEMENT* Length of the agreement and end Your agreement with us;becomes°binding once signed by both of us. Subject to successful enrollment of your date: Account(s),we will supply:each Account with electricity starting on or about the date set forth on the Account Schedule below:under;Start Date",through.on or about the date set forth on the Account Schedule below under "End Date unless extended on a holdover basis as described in this Agreement. We will use commercially reasonable efforts to begin service to each Account on the actual meter read date on or about the Start Dat e.. 'However,if we ar'e,unable to timely enroll an Account,the Start Date will commence on the next regularly scheduled UDC_meter read:cycle date following successful enrollment. Process customer may use„ to Asa commercial or industnal_:'customer(rather than a residential customer),once you have signed a valid and rescind the agreementwithout;; binding`agreement with us,you have no right to rescind our agreement without penalty. penalty. :. Amount of,early termination fee If you:terminate our contract prior to the End Date as stated above other than due to our default as specified in and method of calculation: the agreement you may be liable for an early termination payment calculated as the difference between(1)the 7prices below multiplied by the remaining anticipated usage of your account(s)and(2)the amount we would be able.to resell such related services.This calculation will also apply to any subsequent Retail Trade Transactions r you enter into to fix the price for a portion of your usage or for green renewable energy certificates. You will also be liable for allpast due amounts as well as anycosts incurred byus in connection with collecting anysuch <.. 9 amounts. Amount of late payment and If you fail to pay within twenty(20)days of the invoice date, you are liable for late payment interest,which will method of calculation:'T accrue daily on outstanding amounts from the due date until the bill is paid in full at a rate of 1.50%per month or =°F the highest rate permitted by law(whichever is less). Provisions for leffiwal' of the At the End Date, if for any reason you fail to renew this Agreement and/or if any Account(s)remain designated agreement: , by the UDC as being served by us,we may continue to serve your Account(s)on a month-to-month holdover basis.In this case,we will charge you the Holdover Rate for the period following the End Date unless we enter into a new agreement or either of us returns your account(s) to UDC service or as being served by another supplier. The Holdover Rate is your account(s)'s kilowatt-hour usage in each hour(adjusted by the applicable line loss factors) multiplied by the sum of the NYISO locational marginal price plus all costs we incur in serving the account(s)plus our fee(specified in the Agreement as$.004500/kWh)plus applicable Taxes. We will use the day ahead locational marginal price for all account(s). Conditions under which savings to There are no guaranteed savings for this product. the customer are guaranteed: Fixed or Variable, (explanation of Your bill is calculated using the fixed prices below and the quantities of use indicated for each price. For each of how the price is determined): the items listed as fixed below,this means the item is included in your fixed price. For each of the items listed as passed through below,you will be charged a variable price to cover the costs associated with the item.The prices do not include UDC charges and Taxes (except in the case of NYC UXT (defined below) when Utility Consolidated billing is used). Energy Cost Passed Through Ancillary Services And Other ISO Costs Fixed Capacity Costs Fixed Line Loss Costs Passed Through NY Public Policy Transmission Costs Passed Through NY Tier 1 REC Program Costs Price Adjustment. - NY Tier 2 REC Program Costs Passed Through NY TOTS Project Costs Fixed NY ZEC Program Costs Fixed FOR INTERNAL USE ONLY ©2023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form_v.2010 Rev Nov-01-2017 0 Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page-l-of11 The costs associated with those cost components identified above as°fixed",:areincluded in the prices set forth in the table below. Price(s)for Flexible Index Solutions: First Available Start Date Last Available Date Retail,Service Price($!kWh) 11/05/23 11/06/26 ;- . $0 r;* * This Customer Disclosure Statement has been provided pursuant to'applicable law and is'meant to be an abridged summary of our agreement. This Customer Disclosure Statement is not meant to cover-all of the terms of our,agreement and reading this Customer Disclosure Statement should not be a substitute for reading our agreement in full. Please se the complete"agreement for all applicable terms and conditions. �' z+ E A ass A L 1,.'e yw: • 4 FOR INTERNAL USE ONLY ©2023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form v.2010 Rev Nov-01-2017 () Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page-2-of11 TOWN OF QUEENSBURY("Customer")AND Constellation NewEnergy,Inc.;("Seller")AGREE AS FOLLOWS: Defined Terms. Capitalized terms have the meanings set out in this Electricity Supply Agreement, including the attached General Terms and Conditions ("Agreement");generally the words"you"and"your'refer to the Customer listed above and the words"we"and"us"refer to Seller,unless the context clearly requires otherwise. Purchase and Sale of Electricity. You will purchase and receive;;and we will sell and supply all of your electricity requirements at the prices set forth below for each account identified in the Account Schedule below.("Account"). By signing this Agreement,your authorize us to enroll each Account with your UDC so that we can supply those Account(s). You will take such actions as we request to allow us to enroll each Account in a timely manner.You agree that we may select such sources of energy as we deem appropriate''to meet our obligations under this Agreement. We will enroll each Account with the applicable UDC as being supplied by us and will take such other actions with the applicable UDC and ISO necessary for us to meet our obligations under this Agreement. The specific prices for each Account are set forth in the Account Schedule,below.You are also responsible to pay(1)Taxes -which we will pass through to you on your bill or as part of the price of electricity,as may be required by law, rule or regulation and(2)UDC charges for delivery/distribution services if we provide you a single bill that includes UDC cherges.:-We will apply:all appropriate Taxes unless and until you provide a valid certification of tax exempt status. Your prices are fixed for the existing'term of#tis,Agreenientand only subject to change if there is a change in law,as described in Section 5 of the General Terms and Conditions below. The UDC charges(if,any)and Taxes are charged to you as a"pass-through,"which means they will change during the existing term of this Agreement.if and as the related charges essessed'or charged vary for any reason, including but not limited to the types of changes described above. We will pass through Energy Costs using the day ahead;optional marginal price,which changes hourly(or sub-hourly in some markets),for the applicable ISO zone for your Account. If your Account(s)are not equipped with meters that provide an hourly(or sub-hourly in some markets)reading,we will use either the load profiles provided by the UDC applicable to the Account or,in the absence of such load profiles provided by the UDC on a timely basis,an otherwise reasonable allocation method established by us,inorder to obtain hourly(or sub-hourly in some markets)readings to calculate costs associated with usage at market,index prices.You pmay fix the Energy Costs_for some or all of your usage as described in Retail Trade Transactions Section,below. Cost Components.For each of the items listed as"Fixed"below,this means the item is included in your contract prices as set forth in the Account Schedule. For,each of the items listed as"Passed Through"below,this means that you will be charged the costs associated with the line item in accordance with the definitions of each item in Section 1,Definitions of the General Terms and Conditions. Energy Costs Passed Through Ancillary Services And Other ISO Costs Fixed Capacity Costs Fixed Line Loss Costs Passed Through NY Public Policy Transmission Project Costs Passed Through NY Tier 1 REC Program Costs Price Adjustment NY Tier 2 REC Program Costs Passed Through NY TOTS Project Costs Fixed NY ZEC Program Costs Fixed The contract prices contained in the Account Schedule include any credit costs and margin. NY TOTS Project Costs:Your contract price includes New York Transmission Owner Transmission Solution("TOTS")Project Costs.Such NY TOTS Project Costs are considered"Fixed"under this Agreement and are included in the contract price.In the event that the NY TOTS Project Costs are modified,amended or otherwise adjusted in any way,then any such modification,amendment or adjustment may be deemed a change in law pursuant to terms of this Agreement. NY Public Policy Transmission Project Costs:Your contract price does not include NY Public Policy Transmission Project Costs. Such NY Public Policy Transmission Project Costs are considered Passed Through charges under this Agreement and shall be passed through to you during the term of this Agreement.. NY Tier 1 REC Program Costs(Price Adjustment): You have elected the Price Adjustment option for NY Tier 1 REC Program Costs."Price Adjustment" means that Seller has included these costs in Your contract price based on prices for the Account(s)as determined by the applicable UDC or ISO as of the date the Parties'execute this Agreement. During the term of this Agreement, Seller will pass through to You any future changes, to Your NY Tier 1 REC Program Costs,based on changes in such costs during the term of this Agreement. For purposes of clarity,Your NY Tier 1 REC Program Costs may change prior to the Start Date which will be reflected in a future adjustment and any such adjustments are anticipated annually, however,may occur more than once during any calendar year. FOR INTERNAL USE ONLY ©2023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form_v.2010 Rev Nov-01-2017 () Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page-3-of11 NY Tier 2 REC Program Costs:Your contract price does not include NY,Tier-2 REC Program Costs.Such NY Tier 2 REC Program Costs are considered Passed Through charges under this Agreement and shall be passed through toyou during the term of this Agreement. In addition to the Cost Components in the table above,you will be charged;>_the costs associated with each of the following items/charges listed below will be Passed Through to you: New York Local Transmission Climate Leadership and Community.Protection Act("CLCPA")Facilities Costs("NY CFC Transmission Costs"):Your contract price does not include NY CFC Transmission Costs. Such NY CFC Transmission Costs-are considered Passed Through charges under this Agreement and shall be passed through to you during the term of this Agreement.You shall`be responsible for paying your pro rata share of the NY CFC Transmission Costs. "NY CFC Transmission Costs" means'any statewide allocation of costs or charges imposed by the NYISO associated with the development of approved local transmission facilities under the,CLCPA andin accordance with th'e`Cost Sharing and Recovery Agreement and Rate Schedule 19 of the NYISO OATT,as approved b'y'FERC pursuant to Docket No.ER22-2154 ssued on August 19,2022 and NY PSC Case 20-E-0197 approved on February 16, 2023,as may be amended or modified from time to time during the term of this TC. For clarification purposes,NY CFC Transmission Costs do not include transmission related charges underthe NY TOTS Project Costs, NY Public Policy Transmission Project Costs or Ancillary Services And Other ISO Costs. New York Offshore Wind Renewable Energy Credits("NY)OREC Costs"): Your contract price does not include NY OREC Costs. If this Agreement has an End Date on or after January 9. 2024 such NY OREC Costs associated with serving Your Account(s)are considered Passed Through charges under this Agreement and shall be passed through to "NY OREC Costs"means any;costs related to'the purchase of offshore renewable energy credits("ORECs")from eligible offshore wind generating facilities to comply with the New,York Offshore Vllind Standard as described in the"Order Establishing Offshore Wind Standard and Framework for Phase 1 Procurement in DPS Case';18-E-0071, and Proceeding on Motion of the Commission to Implement a Large-Scale Renewable Program and a Clean Energy Standard."in DPS Case 15-E-0302,as may be amended or modified from time to time. New York Power Authority("NYPA")Economic Development Power Programs: If You have elected or any time during the term of this Agreement elects to,participate in and receive.,power for Your Account(s) under this Agreement (including but not limited to) the Recharge New York, Replacement Power, Expansion Power, Preservation Power or Temporary Power Assistance programs (collectively, the "NYPA Economic Development Power Programs") approved by the NYPA;,board on March 31, 2020, as may be amended from time to time, then You understands and agrees that any costs or losses associated with (i) adding new programs or implementing a change or modification to NYPA Economic Development Power Programs or(ii) a change or modification to the specific'allocation associated with the Account(s)participating in the NYPA Economic Development Power Programs during the term of this Agreement will be Passed;Through to You as a Change in Law pursuant to the terms of the Master Agreement. New York Tier 4 REC Program Costs: Your contract price does not include NY Tier 4 REC Program Costs. Such NY Tier 4 REC Program Costs are considered Passed Through charges under this Agreement and shall be passed through to You. "New York Tier 4 REC Program Costs"means any costs related to the purchase of Tier 4 eligible renewable energy certificates("Tier 4 REC's") associated with the expansion of the Clean Energy Standard to include additional compliance requirements in accordance with the"Order Adopting Modifications to the Clean Energy Standard"in DPS Case 15-E-0302 dated October 15,2020(as may be proposed or implemented during the term of this Agreement). For clarification purposes only: Capacity Cost(Fixed):You have elected the"Fixed"option for"Capacity Costs"as noted in the table above."Fixed"means Seller has included Capacity Costs in Your contract price(set forth in the Account Schedule)based on the current Capacity Costs associated with Your Accounts as of the effective date of this Agreement. Your Capacity Costs will not be subject to change during the term of this Agreement except as a result of Change in Law as described in Section 5 below. For avoidance of doubt,except as otherwise agreed to herein,Your Fixed contract price will not be adjusted(either upward or downward)to pass through any changes in Your Capacity Costs based on the UDC's regular adjustments to Your ICAP Tag(kW). "ICAP Tag(kW)"means the peak load contribution for the Account(s)measured in kilowatts(kW)as determined by the UDC and reported to the applicable ISO. Retail Trade Transactions. At any time during the term of this Agreement,you may enter into one or more Retail Trade Transactions("RTTs")with us,which shall be evidenced by a fully executed RTT Confirmation and be incorporated herein. Such RTTs may cover the purchase of:(1)electricity to fix your price of energy for supply period of three month or longer equal to a prescribed percentage of your load volume and associated line loss;and(2)renewable energy certificates in an amount equal to a prescribed percentage of your load volume. FOR INTERNAL USE ONLY ©2023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form_v.2010 Rev Nov-01-2017 () Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page-4-of 11 Term. This Agreement will become effective and binding after you have sign,ed'this Agreement and we have counter-signed. Subject to successful enrollment of your Account(s),this Agreement shall commence on or about the date set forth.under"Start Date",and end on or about the date set forth under"End Date", unless extended on a holdover basis as described in this Agreement.The actual'Start Date is dependent on the UDC successfully enrolling the Account(s)and furnishing us with all necessary information regarding the Account(s)meter read cycle and meter read date(s). The dates set forth in the Account Schedule below reflect UDC information available at that time or as otherwise estimated by us.':The actual meter read dates may occur on or about the dates set forth herein. We will use commercially reasonable efforts to begin serviceto each Accounts)on the actual.meter read date on or about the Start Date set forth herein. If we are unable to timely enroll an Account, the Start Date will,commence on the next regularly scheduled UDC meter read cycle date following successful enrollment. The End Date will remain the same unless extended for a holdover term We shall not be liable for any failure to enroll or drop an Account by the Start and End Date due to circumstances beyond our control ''We will not be responsible for any gaps in service that may occur between the termination of your service from a prior supplier and'the commencement of supply from us Nothing in this Agreement shall be deemed to require or otherwise obligate us to offer to extend the term of this Agreement. If following termination or expiration of this Agreement(whether in whole o,in,part),for any reason,some or all of the Accounts remain designated by the UDC as being supplied by us, we may continue to serve such Account(s)on a month-to-month holdover basis. During such holdover term,we will calculate your invoice as follows: (Each Accounts metered usage, as adjusted by the applicable:line loss factor) times (the applicable ISO-published Day Ahead Locational Based Marginal Price ("LMP")+$.004500/kWh)+(a pass through of all;costs and;,charges incurred for the retail delivery of energy to you)+Taxes. This Agreement will continue to govern the service of such Accounts during such holdover term ,,Either party may terminate the holdover term at any time within its discretion at which time we will drop each Account as of the next possible meter read date`to the then applicable tariff service,whether default service or otherwise. Your Invoice. Your invoice will contain all charges applicable to your electricity usage, including Taxes(which are passed through to you).You will receive one invoice from the UDC for UDC charges and one invoice from us for all other charges ("Dual Billing") unless we agree otherwise, or your Account(s) eligibility changes All amounts,charged are due in full within twenty (20) days of the invoice date, and we reserve the right to adjust amounts previously invoiced based upon`supplemental or additional:data we may receive from your UDC. Your invoices will be based on actual data provided by the UDC, provided.that if we do<:not receive factual data in a timely manner, we will make a good faith estimate using your historical usage data and other information. Once we receive actual data'=we.will reconcile the estimated charges and adjust them as needed in subsequent invoices. If you fail to make t payment by the due date>mterest will accrue'daily on outstanding amounts from the due date until the bill is paid in full at a rate of 1.50%per month, or the highest rate permitted by law,`whichever is less.All invoices (including adjustments to those invoices) are conclusively presumed final and accurate unless such invoices are objected to byyeither you or us in writing,including adequate explanation and/or documentation,within 24 months after the date such invoice :x was rendered;'provided,,,however; we may rebill based on post-period audits or adjustments made by the ISO, UDC, or other governmental authority, commission or agency with;jurisdiction in the state in which the accounts are located. Certain Warranties Youwarrant and represent that for Account(s)located in the State of New York that the electricity supplied under this Agreement is not for use at a residence. You acknowledge and agree that title passes from us to you at the ISO/UDC interconnect. Notices. All notices will be in writing and delivered by hand, certified mail, return receipt requested, or by first class mail, or by express carrier to our respective business addresses. Our business address is 1001 Louisiana St. Constellation Suite 2300, Houston, TX 77002, Attn: Contracts Administration. Either of us can change our address by notice to the other pursuant to this paragraph. Customer Service. For questions about your invoice or our services,contact us at our Customer Service Department by calling toll-free 844-636-3749,or by e-mail at CustomerCare@Constellation.com. Your prior authorization of us to your UDC as recipient of your current and historical energy billing and usage data will remain in effect during the entire term of this Agreement, including any renewal,unless you rescind the authorization upon written notice to us or by calling us at 844-636-3749. We reserve the right to cancel this Agreement in the event you rescind the authorization. Consumer Protections. The New York State Department of Public Service(DPS)will not resolve disputes or complaints associated with the services provided under this Agreement. However,the DPS will monitor inquiries and contacts from non-residential customers regarding energy service companies, and an excessive number of confirmed complaints may result in an energy service company no longer being eligible to supply electricity or natural gas in New York State. The DPS Office of Consumer Services can be reached: by telephone toll free at 1-888-697-7728;in writing at:New York State Public Service Commission,Office of Consumer Services,Three Empire State Plaza,Albany,New York 12223;or by visiting www.dps.state.nv.us. IN THE EVENT OF AN EMERGENCY,POWER OUTAGE OR WIRES AND EQUIPMENT SERVICE NEEDS,CONTACT YOUR APPLICABLE UDC AT: - UDC Name UDC Abbreviation Contact Numbers Niagara Mohawk Power Corporation NIMO 1-800-867-5222 FOR INTERNAL USE ONLY ©2023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form_v.2010 Rev Nov-01-2017 () Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page-5-of11 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.] • n rF ,•;; 4 1 . 1_ J 1. ;A'. 1 art it _ a f 4v ..7. t .a', t . } <'^key'" FOR INTERNAL USE ONLY ©2023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form_v.2010 Rev Nov 01 2017 () Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page-6-of11 • Each party has caused this Agreement to be executed by its authorized representative on the respective dates written below. Constellation NewEnergy,Inc. >, Customer Town of`Queensbury Signature: ;,, " Si nature 9 • Printed Name: Printed Name: Title: ,.} Title: Date: Address: 1001 Louisiana St.tar)stellatiOn;Suite 2300 Address: 742 Bay Rd Houston,TX 77002 Queensbury,NY 12804-5902 Attn:Contracts Administration.,,. Fax: 888.829 8738 .Y F Fax Phone: 844.63.6 3749 Phone: -xL Email: r. '4f 77 • }� J FOR INTERNAL USE ONLY ©2023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form_v.2010 Rev Nov-01-2017 () Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page-7-of11 .associated with the"Order Adopting a Clean Energy Standard"in DPS Case General Terms and Conditions 15 E 0302. 1. Definitions. "NYC UXT"means New York City Utility Excise Tax. "Ancillary Services And Other ISO Costs"means for any billing period the "`Off Peak".means all hours other than Peak hours. applicable charges regarding ancillary services as set forth in the applicable "Peak".means the hours designated as peak from time to time by the UDC. ISO Open Access Transmission Tariff("OATT") and for other ISO costs not "Taxes" means all federal, state, municipal and local taxes, duties, fees, otherwise included in any of the defined cost components in this Agreement. levies, premiums or other.charges imposed by any governmental authority, We will reasonably determine your Account's monthly Ancillary Services And directly or indirectly,on or with respect to the electricity and related products Other ISO Costs based on the Account's$/kWh share of,costs.for Ancillary and services provided'under this Agreement, including any taxes enacted Services And Other ISO Costs or otherwise reasonable'allocation method as after the date we entered into this Agreement. we may determine from time to time based on how Ancillary Services And "UDC" means your local electric distribution utility owning and/or controlling Other ISO Costs are assessed by the ISO. and maintaining the distribution system required for delivery of electricity to "Capacity Costs"means a charge for fulfilling the capacity requirements for the Accounts. the Account(s)imposed by the ISO or otherwise "UDC Charges"means all UDC costs,charges,and fees,due under UDC's "Energy Costs"means a charge for the cost items'included in the Locational delivery services rates associated with your use of UDC's distribution network, Marginal Price for the ISO zone identified in the Account Schedule = _ all as defined by the UDC tariffs,and any similar or related charges the UDC "ISO" means the independent,,system operator,.or regional transmission may impose from time to time organization responsible for the service territory goveming an'Account,orany successor or replacement entity 2. Cash deposit and other security. At any time,we may require that you "Line Loss Costs"means the costs(to the extent not Lelready captured in the provide information to us so that we may evaluate your creditworthiness.We applicable Energy:_Costs) applicable.,to each Account based on the kWh reserve the right to require that you make a cash deposit or provide other difference between the UDC metered usage and the ISO settlement volumes security acceptable to us if your financial obligations to us increase under this (the"Line Loss Usage") If Line Loss Costs are"Fixed,"th'e Line Loss Costs Agreement,or if, in our opinion, your credit, payment history, or ability to pay are included in the contract pnce,and will not be:invoiced as a separate line your bills as they come due becomes a concern.You will deliver any required item If ne Loss Costs;are"Fixed (Charged Separately)", the contract price cash deposit or other required security(or any increase therein)within three shall be`applied to the Line Loss Usage and appear as a separate line item on (3)business days of our request. the invoice. If Line Loss'Costs are"Passed'Through,"the Line Loss Costs will belinvoiced as a separate line item and calculated based on the applicable 3. Default under this Agreement. You will be in default under this locational marginal pncefor the Line Loss Usage. Agreement if you fail to: pay your bills on time and in full; provide cash "Non Tinie Of Use"or"NTOU"means all hours of each day. deposits or other security as required by Section 2 above; or perform all "NY Public Policy Transmission"Project Costs"means costs or charges material obligations under this Agreement and you do not cure such default imposed by the NYISO(including without limitation,Work in Progress charges within 5 days of written notice from us;or if you declare or file for bankruptcy or other related transmission costs not including charges under NY TOTS or otherwise become insolvent or unable to pay your debts as they come due. Project Costs or Añcillär Services And Other ISO Costs)associated with the We will be in default under this Agreement if we fail to perform all material development of the transmission facilities under the NYISO's Public Policy obligations under this Agreement and do not cure such default within 5 days Transmission Planning Process and in compliance with FERC Order No.1000 written notice from you, or if we declare or file for bankruptcy or otherwise (Stats.&Regs 31,323 issued July 2011,as may be amended or modified from become insolvent or unable to pay our debts as they come due. time to time during the term of this Agreement). "NY Tier 1 REC Program Costs"means any cost related to the purchase of 4. Remedies upon default; Early Termination Payment. If you are in Tier 1 eligible renewable energy certificates ("Tier 1 REC's") associated with default under this Agreement, in addition to any other remedies available to the"Order Adopting a Clean Energy Standard in DPS Case 15-E-0302, as us, we may terminate this Agreement entirely, or solely with respect to those may be amended or modified from time to time during the term of this Accounts adversely affected by such default,and switch your Account(s)back Agreement. to UDC service (consistent with applicable regulations and UDC practices); "NY Tier 2 REC Program Costs"means any costs related to the purchase of and/or you will be required to pay us an early termination payment to Tier 2 eligible renewable energy certificates ("Tier 2 REC's") associated with compensate us for all losses we sustain due to your default,including: the expansion of the Clean Energy Standard to include additional compliance • all amounts you owe us for electricity provided to you; requirements in accordance with the "Order Adopting Modifications to the • the positive difference,if any,between(A)the price you would have Clean Energy Standard"in DPS Case 15-E-0302 dated October 15, 2020(as paid us under this Agreement had it not been terminated early(including our may be proposed or implemented during the term of this Agreement). margin), less the then-current market price of electricity and services under "NY TOTS Project Costs" means costs implemented by the NYISO and terms substantially similar to the terms of this Agreement, as reasonably associated with the development of the transmission facilities in New York as calculated by us based on information available to us internally or supplied by approved by the Federal Energy Regulatory Commission ("FERC") pursuant one or more third parties; multiplied by(B)the estimated undelivered volume to order 154 FERC 61,196 issued on March 17,2016,as may be amended or of electricity you would consume through the end of the term, as reasonably modified from time to time during the term of this Agreement. calculated by us;and "NY ZEC Program Costs" means any cost related to the purchase of zero- • all costs (including attorneys' fees, expenses and court costs) we emissions credits ("ZEC's") from New York nuclear generating facilities incur in collecting amounts you owe us under this Agreement. FOR INTERNAL USE ONLY ©2023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form_v.2010 Rev Nov-01-2017 () Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page-8-of11 commercially reasonable efforts to mitigate damages it may incur. NO The parties agree that any early termination payment determined in ,WARRANTY, DUTY, OR REMEDY, WHETHER EXPRESSED, IMPLIED OR accordance with this Section is a reasonable approximation of harm or loss';°:STATUTORY, ON OUR PART IS GIVEN OR INTENDED TO ARISE OUT OF and is not a penalty or punitive in any respect, and that neither party will be THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY required to enter into a replacement transaction in order to determine or be OR FITNESS FOR A PARTICULAR PURPOSE OR USE. entitled to a termination payment. 9. DISPUTE•,RESOLUTION. THIS AGREEMENT WILL BE GOVERNED BY r-: AND INTERPRETED IN,ACCORDANCE WITH THE LAWS OF THE STATE 5.Changes in law. We may pass through or allocate,as the case may be,to_, IN WHICH ANY ACCOUNT IS LOCATED,WITHOUT GIVING EFFECT TO you any increase or decrease in our costs related to.the electricity.and related ANY CONFLICTS LAW PROVISIONS,AND ANY CONTROVERSY OR products and services sold to you that results from`the'implementation;of new, CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT WILL BE or changes(including changes to formula rate calculations)to existing, Laws, SETTLED IN'ACCORDANCE WITH THE EXPRESS TERMS OF THIS or other requirements or changes in administration or interpretation of.Laws or AGREEMENT BY A COURT LOCATED IN SUCH STATE. IF THE MATTER other requirements."Law"means any law,`rule,regulation,ordinance,statute, AT ISSUE INVOLVES ACCOUNTS OR MATTERS IN MORE THAN ONE judicial decision, administrative order, ISO business practices or;protocol, STATE,THE GOVERNING JURISDICTION AND VENUE SHALL BE UDC or ISO tariff, rule of any commission or-agency.with jurisdiction yin the DEEMED TO BE NEW YORK. TO THE EXTENT ALLOWED BY state in which the Accounts lace located. Suchadditional,amounts be APPLICABLE LAW,WE ALSO BOTH AGREE IRREVOCABLY AND included in subsequent invoices you.The changes described in this Section UNCONDITIONALLY TO WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO may change any or all of the charges described in this Agreement, whether INITIATE OR BECOME A PARTY TO ANY CLASS ACTION CLAIMS WITH described as "fixed," "variable, "pass through' or ottierwise. Your first bill RESPECT TO ANY ACTION,SUIT OR PROCEEDING DIRECTLY OR reflecting increased,costs will include a bill insert:describing the increase in INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR costs in reasonable detail. THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. 6. Events beyond either of our:reasonable control. If something happens 10. Relationship of Parties; Representations and Warranties. We are an that is.beyond either of our reasonable control that prevents either of us from independent contractor, and nothing in this Agreement establishes a joint perf..orniing our respective obligations under Agreement, then whichever venture,fiduciary relationship, partnership or other joint undertaking. We are ne o of us cannot perform'will be''relieved from performance until the situation not acting as your consultant or advisor, and you will not rely on us in is resolved Examples of such events include: acts of God, fire, flood, evaluating the advantages or disadvantages of any specific product or hurricane,war,terrorism;declaration of emergency by a governmental entity, service, predictions about future energy prices, or any other matter. Your the ISO or°'the UDC, curtailment, disruption or interruption of electricity decision to enter into this Agreement and any other decisions or actions you transmission, distribution-or supply; regulatory, administrative, or legislative may take is and will be based solely upon your own analysis(or that of your action, or action or restraint by court order or other governmental entity; advisors)and not on information or statements from us.You represent(I)you actions taken by thirdparties not under your or our control,such as the ISO or are duly organized and in good standing under the Laws of the jurisdiction of a UDC. Such events-shall not excuse failure to make payments due in a your formation; (ii) you are authorized and qualified to do business in the timely manner for electricity supplied to you prior to such event. Further, if jurisdiction necessary to perform under this Agreement; (iii) execution, such an event prevents or makes it impossible or impracticable for the delivery and performance of this Agreement are duly authorized and do not claiming party to carry out any obligation under this Agreement due to the violate any of your governing documents or contracts or any applicable Law; events beyond either of our reasonable control for more than 30 days, then and (iv) if you are a Governmental Entity, you further warrant(a) you have whichever one of us whose performance was not prevented by such events complied with all applicable bidding and procurement laws in awarding this shall have the right to terminate this Agreement without penalty upon 30 days' Agreement, (b)you will not claim immunity on the grounds of sovereignty or written notice to the other. similar grounds from enforcement of this Agreement;and(c)you will obtain all necessary budgetary approvals, appropriations and funding for all of your 7. UDC or ISO obligations. We will have no liability or responsibility for obligations under this Agreement,the failure of which shall not be an excuse matters within the control of the UDC or the ISO-controlled grid,which include for Governmental Entity's performance or failure to perform hereunder and maintenance of electric lines and systems, service interruptions, loss or upon request will provide proof of such authority. "Governmental Entity" termination of service,deterioration of electric services,or meter readings. . means a municipality, county, governmental board or department, commission, agency, bureau, administrative body,joint action agency, court 8. Limitation on Liability. IN NO EVENT WILL EITHER PARTY OR ANY or other similar political subdivision(including a public school district or special OF ITS RESPECTIVE AFFILIATED COMPANIES BE LIABLE FOR ANY purpose district or authority), or public entity or instrumentality of the United CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE States or one or more states. DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST OPPORTUNITIES OR LOST PROFITS NOT CONTEMPLATED BY SECTION 4. Each parry's 11. Confidentiality. Consistent with applicable regulatory requirements, we total liability related to this Agreement, whether arising under breach of will hold in confidence all information obtained by us from you related to the contract, tort, strict liability or otherwise, will be limited to direct, actual provision of services under this Agreement and which concern your energy damages. Direct, actual damages payable to us will reflect the early characteristics and use patterns, except that we may, consistent with termination payment calculation in Section 4. Each party agrees to use applicable law and regulation, disclose such information to (a) our affiliates FOR INTERNAL USE ONLY 02023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form_v.2010 Rev Nov-01-2017 0 Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page-9-of11 and such affiliates' employees, agents, advisors, and independent contractors, (b) third parties representing you in this purchase of electricity, :- and(c)other third parties, if the information(i)is presented in aggregate and ',.., (ii) cannot be reasonably expected to identify you. Except as otherwise required by law, you will agree to keep confidential the terms of our Agreement, including price. Customer agrees and acknowledges that the information associated with the Account(s)hereunder,including but;not limited -- to usage data, the UDC issued account numbers, service address and any other such information contained in this Agreement are notconsidered confidential or protected information. Therefore, Seller is authorized to send _, unencrypted email messages to Customer and/or Customer's +authorized' agent or representative which email may include a copy of,this Agreement or other Account(s) related information necessary for Seller to peiform its obligations under this Agreement. 12. Miscellaneous Provisions. If in any circumstance we do not provide notice of, or object to, any default on your;;part such situation`.will not constitute a waiver of any future default of any kind. If any this Agreement is held legally invalid, the remainder will not be affected and will be valid and enforced to the fullest extent permitted by,law and equity and there will be deemed substituted for the invalid provisions such provisions as will most nearly carry out mutual intent as expressed m this Agreement. You may not assign or otherwise,transfer any of your rights or obligations under this Agreement without our prior written consent Any such attempted transfer will be void. We may assign our.rights and obligations under this Agreement. This Agreement contains the :entire .agreement between both of us, supersedes any other agreements, discussions or understandings (whether written or oral) regarding`tthe subject matter of this Agreement, and may not be contradicted by any prior or contemporaneous oral or written agreement. A facsimile or a-mailed copy with,your signature will be considered an original for all purposes, and you,will provide original signed copies upon request. Each party authorizes tl a other party to affix an ink or digital stamp of its signature to this Agreement;and agrees to be bound by a document executed in such a manner The parties acknowledge that any document generated by the parties with resPect'to this Agreement, including this Agreement, may be imaged and stored electronically and such imaged documents may be introduced as evidence in any proceeding as if such were original business records and neither party shall contest their admissibility as evidence in any proceeding. Except as otherwise explicitly provided in this Agreement, no amendment (including in form of a purchase order you send us) to this Agreement will be valid or given any effect unless signed by both of us. Applicable provisions of this Agreement will continue in effect after termination or expiration of this Agreement to the extent necessary, including those for billing adjustments and payments, indemnification, limitations of liability, and dispute resolution. This Agreement is a "forward contract" and we are a "forward contract merchant" under the U.S. Bankruptcy Code, as amended. Further, we are not providing advice regarding "commodity interests", including futures contracts and commodity options or any other matter,which would cause us to be a commodity trading advisor under the U.S.Commodity Exchange Act,as amended. FOR INTERNAL USE ONLY ©2023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form_v.2010 Rev Nov-01-2017 () Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page-10-of11 ACCOUNT SCHEDULE: For: Town of Queensbury The Pricing set forth below is only valid until 5:30 PM Eastern Prevailing Time on October 12,2023 • We shall have no obligation to enroll or supply electricity to any account(s)that;;are not identified on the Account Schedule below. Please verify that your specific information is COMPLETE and ACCURATE. Your review and acceptance of this information will help ensure accurate'future invoices Notes:Accounts or Service Addresses listed in the Accounts)Schedule may be updated or replaced with a new account number issued by the UDC,ISO or other-entity. THIS DOCUMENT MAY BE RETURNED TOSELLERBY FAX TO(888)'829-8738 OR AS OTHERWISE DIRECTED. -T, No.of Service Accounts:I ' Retail Service UDC Account )F * = Start End Price UDC ,:Number t Service Address Date Date _ ($/kWh) 823 CORINTH RD,QUEENSBURY, NIMO 5124036107 NY 128048325 11/05/23 11/06/26 TO THE PRICING ABOVE,PLEASE FAX A SIGNED COPY OF THIS AGREEMENT TO US AT 888-829-8738. Payments to Certain Third Parties:You acknowledge and understand that Constellation is paying a marketing fee to Municipal Electric and Gas Alliance, Inc in Fconnection'with its efforts to facilitate our entering into this Agreement. Municipal Electric and Gas Alliance, Inc. is not a representative or agent ofConstellation. FOR INTERNAL USE ONLY ©2023 Constellation Energy Resources,LLC All rights reserved. Errors and omissions excepted. Std.Short Form_v.2010 Rev Nov-01-2017 () Sales Rep:Jeffrey S Hills G522547.257584.0 Printed:10/6/2023 Page 11 of 11 • Constellation NewEnergy,Inc. Retail Trade Transactions("RTT")Confirmation Pricing Expiration.Date:5:30 PM Eastern Time on October 6,2023 This Retail Trade Transactions Confirmation("RTT Confirmation"}is being entered into byand between Constellation NewEnergy,Inc.("Seller')and Town of Queensbury ("Customer")pursuant to and in accordance with a master retail electricity supply agreement;,power sale agreement or master,electricity sales agreement("Master Agreement)and a transaction confirmation or pricing schedule(the'TC")or an Electricity Supply Agreement(OF-0000350642),as applicable between Seller;and Customer. Any reference in the Master Agreement,the TC,or the Electricity Supply Agreement,as applicable,or this RTT Confirmation to the_'._TC or the"Agreement"shall include ttiis`RTT Confirmation.Capitalized terms used but not defined herein shall have the meanings ascribed to elsewhere in the Agreement. To the extent,that'the Master Agreement and/or the TCar.the Electricity Supply Agreement and this executed RTT Confirmation contradict each other,this fully executed RTT Confirmation shall control The Parties agree tothe sale/purchase of the products identified below under the following terms and conditions: 1. RTT Confirmation Detail Table No.of Service Accounts:1 RTT Contract ° RTT:Start RTT End Delivery Time Price($r UDC Account Number Product(n; Commodity Date' Date Point Pattern Holidays Quantity Qty UOM kWh) Number Electric Fixedhi?,. Price Percent Of,' "' +" NERC 522549.257584.0.2 i:-Load .5_� Energq 11/5/2023 11/30/2024 ZONE F 7x24 Holidays 65 PercentOfLoad 5124036107 2.Definitions 2.1.RTT Confimation`Detail Definitions;,,, Commoditymeans the commodity forthe transaction set forth in this RTT Confirmation as defined in the Commodity Definitions below. Commodity Definitions 2.1.2.1.Energy meansthe requirement to supply electrical energy to meet the needs of Customer's Account(s)as defined by the relevant ISO or other electrical system governing authority as applicable 212 2 Natural Gas is defined as meaning the requirement to fix some portion of the natural gas price associated with purchases of electricity when the purchase price is stated as a heat 2.1.3.Holidays means the days designated as holidays per the Holidays Definitions below. 2.1.4.Delivery Pointmeans the point of interconnection between the ISO-controlled grid or a third-party transmission system and/or distribution system,as applicable,and the Utility's transmission system and/or distribution system at which the commodity will be delivered for settlement purposes. 2.1.4.1,Congestion Costs.If an Electric Block or Electric Fixed Price Percent of Load's Delivery Point for the Account(s)above is not at the Account(s)'zone(UDC)indicated in the Account Schedule for the applicable TC or Electricity Supply Agreement,then Seller shall pass through Congestion Costs on Customer's monthly invoice for the Quantity. °Congestion Costs"(which may also be referred to as"Basis Costs"in the TC)means the difference between the ISO-published LMP for the ISO energy zone of the Account(s),in the applicable TC or Electricity Supply Agreement,and the ISO LMP for the Delivery Point specified in the table above. 2.1.4.2.Line Loss Costs.Line Loss Costs shall be calculated for the Account(s)and Quantity above,as the product of the applicable Price above,and the Accounts Line Loss Usage, and the Quantity.If Line Loss Usage is not otherwise defined in the Agreement,°Line Loss Usage"shall mean the kWh difference between the UDC metered usage and the ISO settlement volumes. To the extent this RTT does not secure 100 percent of the usage for the Account(s)above,then for each Accounts remaining volumes not covered by this RTT:(i) the Line Loss Costs shall be Passed Through as described in the Agreement and(ii)Line Loss Costs will appear as separate line item(s)on the invoice. 2.1.5.Price means the price to be paid per unit for the commodity.The price may be stated in dollars or as a heat rate. See Product Definitions,below. ©2023 Constellation Energy Resources,LLC.All rights reserved.Errors and omissions excepted.Std.RTT Rev Jan-29-2016 Sales Rep:Jeffrey S Hills G522549.257584.0 Printed:10/6/2023 Page 1 of 4 2.1.6.Product means the specific type of product purchased in the RTT Confirmation. See Product Definitions below. 2.1.7.Quantity means the amount of the commodity sold in each hour,for_Bieshours in which the commodity is defined to be provided. 2.1.8.RTT Contract Number means the contract number in Seller systems used to identify the specific RTT. 2.1.9.RTT End Date means on or about the date set forth above in which the;commodity ceases to be provided to the Accounts,subject to definitions of Time Pattern and Holidays Excluded.In no case shall the term for any Product continue past the End Date of the undedyingTG, 2.1.10.RTT Start Date means on or about the date set fortttabove in which the commodity begins to be provided to the Accounts subject to definitions of Time Pattern and Holidays Excluded. In no case shall the term for any Product start prior to the Stdrf Date of the underlying fa 2.1.11.Sell means that Seller is selling and the Customer is purchasing the commodity as set forth in this RTT Confirmation. eek 2.1.12.Time Pattern means the days of the w and_flours of those:days when the commodity will be provided between the RTT Start Date and RTT End Date subject to definitions of Holidays. See Time Pattern Definitions below,.,;'`-; 2.1.13.Utility Account numbers means the list of Account(s)participating in;the purchase of the RTT for purposes of invoice calculation based on the Utility account numbers,recognizing that such account numbers may be updated or replaced from time to time by the UDC;ISO;or other authorized entity. 2.2.Product Definitions 2.2.1.Electric Block or Fixed Energy Contract Quantity fixes the unit Price and the Quantity for the specified commodity,Delivery Point,Time Pattern,and Holidays. 2.2.2.Electric Fixed Price Percent Of Load or incremental Fixed Energy Contract Quantity Percentage fixes the unit Price for a fixed percentage of the total requirement of the specified commodity for the specified Delivery Point Time Patter,and Holiday Pattern. 2.2.3.Electric Block DA fixes the Quantity for,;the specified commodity,Delivery Point,Time Pattern,and Holidays. The price will be the day ahead market price established by the Independent System Operator(ISO).pius the stated adder listed undef Price 2.2.4.Gas Block fixes the Gas Price and the Quantity for the specified Delivery Point,Time Pattern,and Holidays.This product is used only when the customer has previously purchased a Heat Rate Block and is used to fix the Gas Pnce for ap'ortion of heat rate block(s). 2.2.5.Gas Fixed Price Percent of Load fixes the Gas Price for a fixed percentage of electric usage for the specified Delivery Point,Time Pattern,and Holiday Pattem.This RTT is used only when the Base contract price is stated as a heat rate"„ 2.2.6.Heat Rate Block fixes the unit Price and the Quantity for the specified commodity,Delivery Point,Time Pattern,and Holidays. The unit Price is a heat rate,meaning that the price for the electricity will be determined,by the price'of natural gas multiplied by the heat rate.The gas price index is NA,the gas price index location is NA,the electric price index is NA.The Gas Price for a Heat Rate Block maybe fiXect for some or all of the Heat Rate Block volume by the purchase of a Gas Block. 2 3 Time Pattern Definitions t,. 2.31 7x24 means allhdays`and all hours: 2.3 2 Central 2x16 means Central Prevailing Time,Sat,Sun.and applicable Holidays from 6:00 a.m.through 10:00 p.m. "`2,3.3.aCentral2x24 means:Central Prevailing Time,Sat,Sun.and applicable Holidays for all hours. 2.3.4rCentral 5x16means'Central Prevailing Time,Mon.through Fri.from 6:00 a.m.through 10:00 p.m.excluding Holidays. 2.3.5.Central 5x24,meansCentral Prevailing lime,Mon.through Fri.for all hours. 2.3.6.Central 5x8 means Central Prevailing Time,Mon.through Fri.from midnight through 6:00 a.m.and 10:00 p.m.through midnight. 2.3.7.Central 7x16 means Central Prevailing Time,Sun.through Sat.from 6:00 a.m.through 10:00 p.m. 2.3.8.Centre!7x8`means Central Prevailing lime,Sun.through Sat.from midnight through 6:00 a.m.and 10:00 p.m.through midnight. 2.3.9.Central Whls NERC Off Peak means Central 5x8 and Central 2x24 as elsewhere defined. 2.3.10.Central Whls NERC Peak means Central 5x16,as elsewhere defined. 2.3.11.Eastern 2x16 means Eastern Prevailing Time,Sat,Sun.and applicable Holidays from 7:00 a.m.through 11:00 p.m. 2.3.12.Eastern 2x24 means Eastern Prevailing Time,Sat.,Sun.and applicable Holidays for all hours. 2.3.13.Eastern 5x16 means Eastern Prevailing Time,Mon.through Fri.from 7:00 a.m.through 11:00 p.m.excluding Holidays. 2.3.14.Eastern 5x8 means Eastern Prevailing Time,Mon.through Fri.from midnight through 7:00 a.m.and 11:00 p.m.through midnight. 2.3.15.Eastern 7x16 means Eastern Prevailing Time,Sun.through Sat.from 7:00 a.m.through 11:00 p.m. 02023 Constellaton Energy Resources,LLC.All rights reserved.Errors and omissions excepted. Std.RTT Rev Jan-29-2016 Sales Rep:Jeffrey S Hills G522549.257584.0 Printed:1016/2023 Page 2 0(4 2.3.16.Eastern 7x8 means Eastern Prevailing Time,Sun.through Sat from midnight through 7:00 a.m.and 11:00 p.m.through midnight. 2.3.17.Eastern Whls NERC Off Peak means Eastern 5x8 and Eastern2z24 as elsewhere defined. 2.3.18.Eastern Whls NERC Peak means Eastern 5x16,as elsewhered'efined. 2.3.19.Pacific 1x16 means Pacific Prevailing Time,Sun.and applicable Holidays from:6;00 a.m.through 10:00 p.m. 2.3.20.Pacific 1x24 means Pacific Prevailing Time,Sun.and applicable Holidays forall hours. 2.3.21.Pacific 5x16 means Pacific Prevailing Time,Mon.through Fri.from 6:00 a:in zthrough 10:00 p.m.excluding Holidays. u 2.3.22.Pacific 6x16 means Pacific Prevailing Time,Mon.throughrSat.from 6:00 a.m:^through 10:00.p.m.excluding Holidays. 2.3.23.Pacific 6x8 means Pacific Prevailing Time Mon.through Sat,,from midnight through6 00 a m and 10:00 p.m.through midnight. 2.3.24.Pacific 7x16 means Pacific Prevailing Time Sun-;through Sat.from 6:00 a.m.through;10i00 p.m. 2.3.25.Pacific 7x8 means Pacific Prevailing Time;-Sun.through Sat.from'midnight through 6i00 a.m.and 10:00 p.m.through midnight 2.3.26.Pacific Whls NERC Off Peak means Pacific 6x8 and Pacific 1x24 as elsewhere defined. 2.3.27.Pacific Whls NERC Peak means Pacific 6x16 as elsewhere defined - 2.4.Holidays Definitions • 2.4.1.NERC Holidays means holidays as defined by fhb- American Electric Reliability Council(NERC). k � � [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.] t 4 ? q,S 4 1 _ - d L 02023 Constellation Energy Resources,LLC.All rights reserved.Errors and omissions excepted.Std.RTT Rev Jan-29-2016 Sales Rep:Jeffrey S Hills G522549.257584.0 Printed:10/6/2023 Page 3 of 4 4 A 'Al.^•�Yi a. Please provide executed copies of this RTT Confirmation to Seller by no later than the Pricing Expiration Date set Forth above via facsimile to(888)829.8738(Attention:Contracts Administrator).Failure to fax the completed documents to Seller a`e liidicated above may result In the Inability to timely enroll Customer's Account(s)or to honor the prices set forth herein. ACCEPTANCE. This RTT Confirmation shall not be binding or enforceable;against Seller unless and until signed by an authorized representative of Seller. IN WITNESS WHEREOF,the Parties have caused this RTT-Confirmation to be executed by their duly authorized representatives as of the respective dates set forth below. SELLER:CONSTELLATION NEWENERGY,`INC CUSTOMER:TOWN OF QUEENSBURY Signature: Signature: C �j ) wL Printed Name ' 4 Printed Name: Title: Title: Address:742 Bay Rd Address: 1001:_Louisiana St Constellation Suite 2300 Queensbury,NY 12804-5902 • Houston TX 77002 Attn Contracts Administration' Fax: Phone: 888.829-8738 r '' Email: Phone: °' nk t ©2023 Constellation Energy Resources,LLC.All rights reserved.Errors and omissions excepted. Std.RTT Rev Jan-29-2016 Sales Rep:Jeffrey S Hills G522549.257584.0 Printed:10/6/2023 Page 4 of 4