This Terms of Service document (“TOS”) contains the terms and conditions through which electric service will be supplied by HYBRID POWER, LLC (sometimes referenced as “Company” or “we” or “us” or “HYBRID POWER, LLC”), a Retail Electricity Provider (“REP”) granted Public Utility Commission of Texas (“PUCT”) Certificate No. 10277. Unless explicitly stated in each section, this document applies to both Postpaid and Prepaid plans. This TOS document, together with your enrollment documentation, your Electricity Facts Label (“EFL”), Your Rights as a Customer (“YRAC”), and your Prepaid Disclosure Statement (“PDS”) if your product is Prepaid, constitute the agreement between us and you (collectively, the “Agreement”). By entering into this Agreement with Company, you are giving us the right and authority to supply electricity to all of the electric service accounts (“Accounts”) listed in this Agreement, including initiating the transfer of your Accounts to Company and gathering all applicable meter information. The terms “includes” or "including" mean "including without limitation.

HYBRID POWER, LLC Contact Information:

HYBRID POWER, LLC. PUCT certificate #10277

You may contact us by email anytime, 24 hours a day, 7 days a week or by phone M-F, 8:00 a.m. to 5:00 p.m. CST, at:

Toll-free telephone: (844)-949-2743

Website: www.hybridpowertexas.com

Email: service@hybridpowertexas.com

Fax: (701)-255-7952

Or, write to us at: Hybrid Power, LLC

1113 Vine St Suite 217 Houston, TX 77002

REQUIREMENTS

You are eligible if:

• Your service location has a provisioned Advanced Metering Systems meter installed.
• You are not a Critical Care or Chronic Condition Residential Customer. Critical Care or Chronic Condition Residential Customers. This is to ensure essential energy services are not interrupted.
• You establish and maintain an active communication method, either an email address or mobile phone number, to receive important communications from HYBRID POWER, LLC regarding your account.

By providing telephone numbers to Hybrid, you are expressly consenting to being contacted on those numbers for any purpose related to your account, including debt-collection, by a live person or automated service.

While we will make every effort to keep you informed, Hybrid has no obligation to resend any account communication to you, whether required or optional, if your message could not be delivered to you as a result of your failure to establish, maintain or update your email account or phone number. Your failure to maintain or update the email address or phone number associated with your account could result in missing important account notices and the disconnection of your electric service.

PRODUCT TYPES

Your rate plan will be as specified in your EFL. Unless you have enrolled on a product specifically stating otherwise, you will be

charged based on actual usage (if meter readings are available) and other charges, as set forth below in this Agreement. Company may

prepare an invoice based on Customer’s estimated usage in the absence of meter readings from the Transmission and Distribution

Service Provider (“TDSP”); however, once customer’s meter readings are received, Company will adjust Customer’s next invoice to

remove any difference between Customer’s estimated and actual usage.

Index Price Products (Term):

Residential Customers - The price for the electric service provided to all residential meters under this Agreement is shown on the EFL. The price includes the price of energy supply based on service area, contract term, Current index price, a wholesale usage fee for each service location (per meter), if designated in the EFL and other Pricing Factors. The price also includes estimated charges for transmission and distribution services provided by the TDSP. Company will pass-through without markup any charges imposed by the TDSP, ancillary pass-through charge, the Public Utility Commission of Texas (“PUCT”) assessment tax, and any other charges imposed by ERCOT, the PUCT, or other third parties on a non-recurring basis for services or additional equipment, or as provided by applicable law, rule or regulation.

Company may adjust the wholesale usage fee if Customer’s meter was not designated as residential upon Customer’s enrollment or, during the

Term, the meter’s designation is changed to non-residential. The price may vary from the amount shown on the EFL solely to reflect

(i) actual changes in the TDSP charges, changes to the ERCOT or Texas Regional Entity administrative fees charged to loads, or (ii)

changes resulting from federal, state or local laws that impose new or modified fees or costs on Company that are beyond Company’s

control. (iii) Ancillary charges are passed through charges from ERCOT to all market participants to support and maintain grid reliability, reconciliations, and costs to minimize ERCOT collateral requirements. These charges are calculated on a per kWh pro rata basis based on monthly usage. An estimate of $.006 cents per kWh for Ancillaries are included in your average price and will be trued up against the actuals each month.

Small-Commercial Customers - Small Commercial Customers. A “small commercial customer” is a non-residential customer that has a peak demand of less than 50 kilowatts during any 12-month period. The price includes the price of energy supply based on service area, contract term, Current index price, a wholesale usage fee for each service location (per meter), if designated in the EFL and other Pricing Factors. The price also includes estimated charges for transmission and distribution services provided by the TDSP. Company will pass-through without markup any charges imposed by the TDSP, ancillary pass-through charge, the Public Utility Commission of Texas (“PUCT”) assessment tax, and any other charges imposed by ERCOT, the PUCT, or other third parties on a non-recurring basis for services or additional equipment, or as provided by applicable law, rule or regulation.

Company may adjust the wholesale usage fee iif Customer’s meter was not designated as small commercial upon Customer’s enrollment or, during the Term, the meters designation changes from small-commercial. The price may vary from the amount shown on the EFL solely to reflect

(i) actual changes in the TDSP charges, changes to the ERCOT or Texas Regional Entity administrative fees charged to loads, or (ii)

changes resulting from federal, state or local laws that impose new or modified fees or costs on Company that are beyond Company’s

control. (iii) Ancillary charges are passed through charges from ERCOT to all market participants to support and maintain grid reliability, reconciliations, and costs to minimize ERCOT collateral requirements. These charges are calculated on a per kWh pro rata basis based on monthly usage. An estimate of $.006 cents per kWh for Ancillaries are included in your average price and will be trued up against the actuals each month.

Agreement Expiration Notice**:** An expiration notice will be sent to you at least 30 days but not more than 60 days before the end of your contract term specified in your EFL. You have the right to terminate your Agreement without penalty if you terminate your Agreement within 14 days of its expiration date. NO action needs to be taken as you will continue to be served on the same product on a monthly basis with no termination fee applicable after the end of your initial contract term, until you switch to another provider or we terminate or disconnect your electric service.

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BILLING, PAYMENTS and PAYMENT ARRANGEMENTS

Your normal billing cycle is monthly. As a result, we will provide a bill every month that will include current charges and the total amount due. Payment is due 16 calendar days from the date shown on the bill. If the 16th day falls on a Federal holiday or weekend, then the due date shall be the next business day after the 16th day. You agree that we may issue a bill less frequently if we do not receive meter readings or usage information from the TDU or ERCOT in time to prepare and send a monthly bill. We may calculate a bill based on estimated meter readings if actual meter readings are not available from the TDU or ERCOT. Once actual meter readings are received, we will true-up any prior estimated reads on subsequent bills.

Your plan will require you to enroll in electronic billing, your bill will be provided to you electronically via email or SMS to the contact information provided to us. It is your responsibility to ensure your provided contact information is kept in working order and you must notify us of any changes. You may enroll in automatic payments or make ad-hoc payments via any of the following methods, as may be available and offered by Company:

Check, money order, credit/debit card, recurring payment by bank draft (ACH), and/or cash at a payment location such as Walmart pay. Any payment refunds will be made in accordance with PUCT rule §25.478. We will refund any credit balance so long as the credit balance equals or exceeds $5.00 by either crediting the funds back to the credit or debit card used to make the payment or mail a check in your name to the billing address identified on your account. If the credit balance is less than $5.00, you may reach out to us to request a refund of the balance. Please note that a $3.00 Closeout Balance Refund Fee may be deducted from your Closeout Balance prior to issuing you a refund. The normal timeline for refunds is 7 to 10 business days from the final meter reading or date requested. All Merchant Service (payment processing) fees, as applicable for each credit or debit card transaction, may be passed through without mark up.

Additional Non-Recurring Charges: In addition to what you may pay in accordance with the pricing section here-within, you may also be charged for the following items up to the amounts listed:

• Late Payment Penalty: 5%. If you do not pay your bill by the due date, we may charge you a Late Payment Penalty of 5% on the amount for the previous invoice’s past due balance. The one-time penalty of 5% will not be applied to any balance to which the penalty has already been applied.
• Returned Payments: $30
• Disconnection notice charge. (applicable regardless of whether your electric service is actually disconnected.): $20
• Disconnection charge: $30
• Reconnection charge: $30
• Customer care calls: $5
• Collection calls: $5
• Mailing paper copies of documents, excluding invoices: $10
• Online payment processing fee: $2.50 per $500
• Agent Assist fee: $5 each time a customer service agent helps take a payment

Assistance Programs: Low-income and energy assistance programs may be available to customers who have severe financial hardship and temporarily may be unable to pay their bills. The program is funded by Company customers, but its availability is subject to the adequate funding. You may contribute to this program on your bill each month. There may be other programs available to customers and the customer should direct all inquiries to either the Company or by dialing 211.

Levelized Billing: The Levelized Billing option helps you manage your electricity budget by allowing you to pay the same, levelized amount every month. To calculate your levelized amount, we will review your 12-month usage history to determine your average monthly usage. hat average monthly usage will then be multiplied by the prior 5 year monthly average price for electricity (which includes all monthly recurring charges). Every 6 months, we may true up your actual usage (and resulting actual charges) to your levelized bill. To the extent you owe us additional funds based on this true-up, we will simply roll that amount into the calculation of the next period’s levelized amount. To the extent we owe you monies, those funds will simply be subtracted from the calculation of the next period’s levelized amount.

OR

Company will offer, in compliance and when required by law, Level and Average Billing Programs. Please check our website or contact us for updated information on these programs, if available.

Payment Plans: Please contact us if you anticipate having difficulty paying your bill by the due date. You may be eligible for payment assistance or a deferred payment plan. A deferred payment plan allows you to pay an outstanding bill in installments that extend beyond the due date of the next bill. Deferred payment plans are also available for customers whose bills become due during an extreme weather emergency as declared by your TDU; during a state of disaster declared by the governor in the area covered by the declaration, as directed by the PUCT; or to customers who were previously under-billed by $50.00 or more. If the under-billing is $50.00 or more, we will offer a deferred payment plan option for the same length of time as that of the under-billing. A deferred payment plan may not be offered to customers whose underpayment is due to theft of service.

Customer may be eligible for a deferred payment plan if the Customer cannot pay his/her bill on time; unless that Customer: (i) has been disconnected during the preceding 12 months, (ii) has submitted more than two payments during the preceding 12 months that were found to have insufficient funds available, or (iii) has received electric service from Company for less than three months, and the customer lacks either : (a) sufficient credit; or (b) a satisfactory history of payment for electric service from a previous REP or utility. A 5% penalty for late payment will apply if payments are not received by the due date stated in the plan. Customer’s electric service may still be terminated and disconnected if Customer does not meet the requirements of the deferred payment plan. If Customer has received a disconnection notice, the delinquent amounts paid under a deferred payment plan will include an initial payment of 50% of the outstanding balance, and the remaining balance to be paid in equal installments over at least the next five billing cycles

.

All customers should be advised that if they choose to enter into a deferred payment plan, a switch-hold may be placed on their account. A switch-hold means that you will not be able to buy electricity from other companies until you pay the past due amount owed to Company. The switch-hold will be removed after your final payment on this past due amount is processed. While a switch-hold applies, if you are disconnected for not paying Company, you will need to pay us to get your electricity turned back on.

DEPOSITS

We do not deny service based on your credit score. However, a deposit may be required before receiving electricity service if you cannot demonstrate satisfactory credit. If a deposit is required, because satisfactory credit could not be demonstrated, the total amount of your deposit (initial and additional) will not exceed an amount equal to the greater of either (1) the sum of the next two months estimated billings, or (2) one-fifth of the estimated annual billing. The Company may base the estimated annual billing for initial deposits for customers on a reasonable estimate of average usage for the customer class. If you transfer your service with us to a new address, your existing deposit may be transferred to your new address.

An initial deposit is not required for an existing customer unless the customer: (i) was late paying a bill more than once during the last 12 months of service or (ii) had service terminated or disconnected for non-payment during the last 12 months of service or (iii) the customer’s actual billings for the last 12 months are at least twice the amount of the original average of the estimated annual billings. Under this scenario, the customer may be required to pay a deposit within ten days after issuance of a written disconnection notice that requests such deposit. If required in this case, then then it will be calculated as described in this above. We may disconnect service if the additional deposit is not paid within ten days of the request, provided a written disconnection notice has been issued to the customer.

If we hold your cash deposit longer than 30 days, your deposit will accrue interest from the day we received it at the interest rate established annually by the PUCT. We will credit any accrued interest on your deposit to your account either on your January bill each year or on your final bill.

You may avoid paying a deposit if you are at least 65 years of age and you do not have a delinquent balance with your current electric service provider or you have been a victim of family violence and can provide a certification letter by the Texas Council on Family Violence. Please contact us for additional information if you believe you may be eligible for one of these options. You may send documentary proof of any of the above by fax at (701) 255-7952, or by emailing service@hybridpowertexas.com.

If you establish satisfactory credit with us by making timely payments for 12 consecutive months, then we will apply the deposit plus accrued interest to your account. If you do not establish satisfactory credit with us during the time you receive service from us, then we will apply the deposit plus accrued interest against the outstanding balance on your final bill. We will refund any credit balance so long as the credit balance equals or exceeds $5.00 by either crediting the funds back to the credit or debit card used to make the payment or mail a check in your name to the billing address identified on your account. If the credit balance is less than $5.00, you may reach out to us to request a refund of the balance. Please note that a $3.00 Closeout Balance Refund Fee may be deducted from your Closeout Balance prior to issuing you a refund. The normal timeline for refunds is 7 to 10 business days from the final meter reading.

DISCONNECTION OF YOUR SERVICE

WE MAY REQUEST DISCONNECTION OF YOUR ELECTRIC SERVICE IF YOU DO NOT PAY ANY DEPOSIT OWED OR THE PAST DUE AMOUNT OF YOUR ELECTRIC SERVICE BILL IN FULL BY THE DUE DATE ON ANY DISCONNECT NOTICE. **We will notify you in writing at least 10 calendar days (21 days if you are a chronic condition or critical care customer) before we disconnect electric service. We may request disconnection of your electric service without prior notice immediately under specific situations, including the existence of a dangerous condition at your service address or theft of service.

Critical Care and Chronic Condition Customer: If you have a person permanently residing in your premise who has been diagnosed by a physician as being dependent upon an electric-powered medical device to sustain life, you may apply for designation as a Critical Care Residential Customer. If you have a person permanently residing in your premise who has been diagnosed by a physician as having a serious medical condition that requires an electric-powered medical device or electric heating or cooling to prevent the impairment of a major life function through a significant deterioration or exacerbation of the condition, you may apply for designation as a Chronic Condition Residential Customer. To be considered for such designation, the PUCT-approved form must be submitted by facsimile or other electronic means to the TDU by a physician. The TDU will notify you of the final status of your designation as a Critical Care or Chronic Condition Residential Customer and will notify you when such designation will expire and whether you will receive a renewal notice. The TDU will also notify us about your status. Designation as a Critical Care or Chronic Condition Residential Customer does not relieve you of your obligation to pay for electric service that you receive from us. To view this PUCT rule, please go to http://www.puc.texas.gov/agency/rulesnlaws/subrules/electric/25.497.pdf.

CANCELING YOUR AGREEMENT

Right of Rescission

If you are switching energy providers at your existing service address, you may cancel your acceptance of the Agreement without penalty or fee by contacting us before midnight of the third federal business day after you receive your Agreement through the mail or email, as applicable. This right of rescission is not applicable to move-in requests.

To cancel the Agreement under this Right of Rescission, you may call us at (844) 949-2743; fax us at (701)-255-7952; mail us at the address listed above; or e-mail us service@hybridpowertexas.com

You must include the following information:

“I am exercising my right to rescind the Agreement as authorized in the HYBRID POWER, LLC TOS.

Name: __

Address: _

Phone number: __

ESID (Account) number: __”

The Agreement term is stated in the EFL. At the end of your Agreement term, you may cancel or terminate your Agreement by switching to a new provider. If you cancel the Agreement before the end of your Agreement term, you agree to pay the early termination fee (“ETF”) in the amount indicated in the EFL, and you must select another REP in order to continue to receive electric service. If you move from your existing premise during the Agreement term you are under no obligation to continue the Agreement at your new location. You will be required to provide evidence that you moved. There is no ETF assessed if you relocate if you provide a forwarding address and, if requested, reasonable evidence that you no longer occupy the location specified in the Agreement. If you are on a Month-to-Month plan, you may cancel or terminate your Agreement at any time without penalty. In order to ensure timely processing, you should notify us at least 3 days before the requested termination date.

Our obligations will end after the meter read date where we are no longer designated as your REP or when your electric service is disconnected by the TDU. Your obligations under the Agreement will end, except for the provisions herein that expressly survive expiration or termination, when your account balance is paid in full.

If you cancel service, you may continue to receive charges for any Third-Party Services until the Third-Party Services are cancelled or terminated. You will not continue to receive charges if the Third-Party Services are scheduled to cancel automatically when your electric service Agreement with us is cancelled or terminated. You may be assessed an ETF for any non-electricity services (if applicable) in addition to your ETF for your electricity services. Please refer to additional Service Agreements for more information.

COLLECTIONS

If you fail to make timely payments of the amounts due under this Agreement, we reserve the right to refer the outstanding balance to an attorney or collection agent for collection. If we refer your outstanding balance to an attorney or collection agent for collection, or if we file a lawsuit, or collect your outstanding balance through probate, bankruptcy, or other judicial proceedings, then you agree to pay all fees and expenses (including attorney fees) that we incur in the collection process. "Law" means any law, statute, regulation, rule, ERCOT protocol, exchange rule, decision, writ, order, decree or judgment or any interpretations by any court, agency or instrumentality that has jurisdiction, including ERCOT.

LIMITATIONS OF LIABILITY

YOU AGREE THAT CAUSES AND EVENTS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AUTHORITY, ACCIDENTS, STRIKES, AND EVENTS OF FORCE MAJEURE OCCURRING WITH RESPECT TO THE TDU, ERCOT, OR OTHER THIRD-PARTIES (“FORCE MAJEURE EVENTS”), MAY RESULT IN INTERRUPTIONS IN SERVICE FOR WHICH WE WILL NOT BE LIABLE. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE WITH RESPECT TO ANY THIRD-PARTY SERVICES INCLUDING THOSE OF ANY GENERATOR; THAT OUR LIABILITY NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY; AND NEITHER OF US ARE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES. YOU WAIVE ALL OTHER REMEDIES AT LAW OR IN EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE.

GENERAL INFORMATION

Service Outage Reporting: In the event of a power outage, you can call Hybrid at (844) 949-2743 and we will route you to your Local Utility. If it is after hours, you may call your Local Utility directly 24 hours a day, 7 days a week, at the following: Local Utility Outage Reporting Service Requests AEP Texas (866) 223-8508 (877) 373-4858 CenterPoint Energy (713) 207-2222 (800) 332-7143 Oncor Electric Delivery (888) 313-4747 (888) 313-6862 Texas-New Mexico Power (888) 866-7456 (888) 866-7456

Dispute or Complaints: If you have any questions, concerns, or complaints, please contact us and we will promptly investigate the matter and report our findings to you. During this time, you will not be required to pay the disputed portion of your bill. If for any reason you are not satisfied with our response, you may contact the PUCT.

Taxes: You will be responsible for and indemnify us for any and all Taxes. "Taxes" means all taxes, fees, charges or assessments, whether federal, state or local, presently or hereafter imposed on you as purchaser of electricity, on us as seller of electricity, or on electricity sales transactions, including reimbursable gross receipts taxes.

Provisions that Survive: Obligations regarding indemnity, payment of Taxes, limitations of liability, and waivers will survive the termination of the Agreement indefinitely.

Unenforceability: If any Law enacted during the Agreement term renders the Agreement unenforceable or illegal, then we may terminate the Agreement with 30 days’ notice to you and you will owe us nothing more than the obligation to make payment for the electricity previously supplied to you. "Law" means any law, statute, regulation, rule, ERCOT Protocol, exchange rule, decision, writ, order, decree or judgment, or any interpretations by any court, agency or instrumentality that has jurisdiction, including ERCOT or any TDU.

Governing Law: YOUR AGREEMENT WITH COMPANY IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS. THE TEXAS UNIFORM COMMERCIAL CODE APPLIES TO THE TERMS OF SERVICE AND ELECTRICITY IS DEEMED A “GOOD”. The Uniform Commercial Code can be viewed at the following website: http://www.statutes.legis.state.tx.us/?link=BC

Assignment: You may not assign your Agreement with us, in whole or in part, or any of your rights or obligations under the Agreement, without our prior written consent. Company may, without your consent, (i) as part of any financing or other financial arrangements, assign, sell or pledge this agreement or its accounts, revenues, or proceeds, or (ii) assign this agreement to an affiliate of Company or to any other person or entity succeeding to all or a substantial portion of the assets of Company.

Waiver: If either of us waives any one or more defaults by the other in the performance of any of the provisions of the Agreement, then such waiver will not be construed as a waiver of any other default or defaults whether of a like kind or of a different nature.

Antidiscrimination: We cannot deny service or require a prepayment or deposit for service based on your race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in an economically distressed geographic area, or qualification for low income or energy efficiency services. We also cannot use a credit score, a credit history, or utility payment data as the basis for determining the price for electric service for products with a contract term of 12 months or less.