IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS PROVIDED HEREIN. SHOULD YOU HAVE ANY QUESTIONS CONCERNING THESE TERMS AND CONDITIONS, PLEASE CALL 888-508-4782.

1. NATURAL GAS COMMODITY SALES AGREEMENT:

These Natural Gas Supply Sale Terms and Conditions between Vista Energy Marketing, L.P. (“Seller”) and the Buyer identified during enrollment (“Buyer”) together with the Enrollment Confirmation sets forth the Entire Agreement (“Agreement”) in which the Buyer will purchase natural gas commodity from the Seller. The Buyer is a participant in the Black Hills Nebraska Gas, LLC d/b/a Black Hills Energy (“Utility”) Agricultural Choice Gas Program.

2. CONTACT INFORMATION AND CUSTOMER SERVICE:

Buyer may contact Seller with any questions, comments, concerns, or complaints regarding any natural gas supply products the Seller offers. Please contact Seller by calling toll free 1-888-508- 4782, on the Seller’s website at www.vistaenergymarketing.com, by fax at 832- 213-0301, by writing to Seller at 4306 Yoakum Blvd. Suite 600, Houston, TX 77006, or by emailing Seller at customerservice@vistaenergymarketing.com.

3. Price Options:

Price Options: Buyer’s cost of natural gas commodity will be based on the agreed upon price option and price confirmed when Buyer signed up for service with the Seller and noted in the Enrollment Confirmation on record with the Utility. The cost for gas supply sold by Seller to Buyer is included and separately stated on Buyer’s customer bill issued by the Utility. Buyer will pay the invoice for Seller’s natural gas commodity usage to the Utility. The natural gas commodity charge due from Buyer to Seller is in addition to charges invoiced by the Utility. Buyer understands and agrees that Seller makes no representation and no warranty relating to whether the natural gas commodity amount paid by Buyer is more than, less than, or equal to any amount that could be charged by another Supplier.

• Fixed Monthly Bill: The The Fixed Monthly Bill amount is inclusive of all gas commodity charges, pipeline and Utility delivery charges, and taxes. Unlimited usage refers to normal consumption based on the previous twelve (12) months usage as provided by Utility plus or minus twenty percent (20%). Usage outside of these bandwidths may be defined as a Material Change. Seller reserves the right to amend Buyer’s Fixed Monthly Bill amount when a Material Change is noticed. Such Material Changes could be caused by additional heating load due to expansions of a property, new equipment installations, new business contracts for service, changes in regulatory rates and surcharges, or changes in sources of heat supply. Seller will provide written notice of any amendment and the explanation for the change.
• Fixed Price: Buyer’s price is fixed for the term of the Agreement as specified in the Enrollment Confirmation. Buyer will pay their invoice for natural gas commodity usage to the Utility. Buyer’s natural gas commodity price will be calculated by multiplying the price per therm of gas determined by the Buyer’s price option and price as described in the Enrollment Confirmation provided you by Seller, by the amount of gas used during the billing cycle together with other applicable Utility charges.
• Index Price: Buyer’s Index adder is fixed for the term of the Agreement as specified in the Enrollment Confirmation. The Index adder will be added to the monthly NGI FOM CIG Index to create their monthly price per therm. Buyer will pay their invoice for natural gas commodity usage to the Utility. Buyer’s natural gas commodity price will be calculated by multiplying the price per therm of gas determined by the Buyer’s price option and price as described in the Enrollment Confirmation by the amount of gas used during the billing cycle together with other applicable Utility charges.

4. TERM AND RENEWAL:

5. BILLING AND PAYMENT:

6. EARLY TERMINATION AND CANCELLATION:

7. REGULATION AND REGULATORY EVENTS:

8. FORCE MAJEURE:

9. SEVERABILITY AND ASSIGNMENT:

10. GOVERNINGLAW:

11. LIMITATION OF LIABILTY AND WARRANTIES:

12. EMERGENCY:

13. CONFLICT OF TERMS AND CONDITIONS:

14. CLASS ACTION WAIVER.

IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS PROVIDED HEREIN. SHOULD YOU HAVE ANY QUESTIONS CONCERNING THESE TERMS AND CONDITIONS, PLEASE CALL 888-508-4782

1. NATURAL GAS COMMODITY SALES AGREEMENT:

These Natural Gas Supply Sale Terms and Conditions between Vista Energy Marketing, L.P. (“Seller”) and the Buyer identified during enrollment (“Buyer”) together with the Enrollment Confirmation sets forth the Entire Agreement (“Agreement”) in which the Buyer will purchase natural gas commodity from the Seller. The Buyer is a participant in the Black Hills Wyoming Gas, LLC d/b/a Black Hills Energy (“Utility”) Choice Gas Program.

2. CONTACT INFORMATION AND CUSTOMER SERVICE:

Buyer may contact Seller with any questions, comments, concerns, or complaints regarding any natural gas supply products the Seller offers. Please contact Seller by calling toll free 1-888-508- 4782, on the Seller's website at www.vistaenergymarketing.com, by fax at 832- 213-0301, by writing to Seller at 4306 Yoakum Blvd. Suite 600, Houston, TX 77006, or by emailing Seller at customerservice@vistaenergymarketing.com.

3. Price Options:

Buyer’s cost of natural gas commodity will be based on the agreed upon price option and price confirmed when Buyer signed up for service with the Seller and noted in the Enrollment Confirmation on record with the Utility. The cost for gas supply sold by Seller to Buyer is included and separately stated on Buyer’s customer bill issued by the Utility. Buyer will pay the invoice for Seller’s natural gas commodity usage to the Utility. The natural gas commodity charge due from Buyer to Seller is in addition to charges invoiced by the Utility. Buyer understands and agrees that Seller makes no representation and no warranty relating to whether the natural gas commodity amount paid by Buyer is more than, less than, or equal to any amount that could be charged by another Supplier.

• Fixed Monthly Bill: The Fixed Monthly Bill amount is inclusive of all gas commodity charges, pipeline and Utility delivery charges, and taxes. Unlimited usage refers to normal consumption based on the previous twelve (12) months usage as provided by Utility plus or minus twenty percent (20%). Usage outside of these bandwidths may be defined as a Material Change. Seller reserves the right to amend Buyer’s Fixed Monthly Bill amount when a Material Change is noticed. Such Material Changes could be caused by additional heating load due to expansions of a property, new equipment installations, new business contracts for service, changes in regulatory rates and surcharges, or changes in sources of heat supply. Seller will provide written notice of any amendment and the explanation for the change.
• Fixed Price: Buyer’s price is fixed for the term of the Agreement as specified in the Enrollment Confirmation. Buyer will pay their invoice for natural gas commodity usage to the Utility. Buyer’s natural gas commodity price will be calculated by multiplying the price per therm of gas determined by the Buyer’s price option and price as described in the Enrollment Confirmation provided you by Seller, by the amount of gas used during the billing cycle together with other applicable Utility charges.
• Index Price: Buyer’s Index adder is fixed for the term of the Agreement as specified in the Enrollment Confirmation. The Index adder will be added to the monthly NGI FOM CIG Index to create their monthly price per therm. Buyer will pay their invoice for natural gas commodity usage to the Utility. Buyer’s natural gas commodity price will be calculated by multiplying the price per therm of gas determined by the Buyer’s price option and price as described in the Enrollment Confirmation by the amount of gas used during the billing cycle together with other applicable Utility charges.
• Guarantee to Beat the GCA Regulated Rate: Buyer’s natural gas commodity price will be less than the posted Utility Gas Cost Adjustment regulated rate for the term of the Agreement as specified in the Enrollment Confirmation. Buyer will pay their invoice for natural gas usage to the Utility. Buyer’s natural gas commodity price will be calculated by multiplying the price per therm of gas determined by the Buyer’s rate plan as described in the Enrollment Confirmation by the amount of gas used during the billing cycle together with other applicable Utility charges.

4. TERM AND RENEWAL:

This Contract shall be effective beginning with the month noted in Buyer’s Enrollment Confirmation and shall remain in effect through the Initial Term, also noted in the Enrollment Confirmation. This Agreement will renew automatically for twelve (12) months if the Buyer does not make a price option selection during the next open enrollment period occurring in April of the year prior to the May 31st expiration of the Initial Term and the Buyer will remain on the same price option. If Buyer does not make an active selection during the Enrollment Period, the price for that Choice Gas Program year will be determined by the Seller within 15 days of the end of the selection period.

5. BILLING AND PAYMENT:

Buyer will pay the monthly charge for natural gas commodity purchased from Seller to Utility. The Utility will continue to invoice Buyer for Seller’s natural gas commodity and all other applicable charges as governed by the terms of the Utility’s tariff. Seller is not responsible for Buyer’s natural gas commodity debt as billed by the utility.

6. EARLY TERMINATION AND CANCELLATION:

If applicable, Buyer will pay the early termination fee noted in Buyer’s Enrollment Confirmation if Buyer cancels this Agreement prior to the end of the Initial Term. The Seller may choose to waive these charges. If this Agreement is canceled by either party due to default, then Buyer will make final payment to the Utility for any outstanding balance.

7. REGULATION AND REGULATORY EVENTS:

Buyer and Seller agree that the purchase and sale of natural gas commodity is and shall remain subject to any existing or future changes made by the Utility company or associated interstate natural gas pipeline company. Further, this Agreement is subject to any and all existing and future valid laws, orders, directives, rules and regulations of the regulatory bodies having jurisdiction over the parties and this transaction. In the event a Regulatory Event causes Seller to directly or indirectly incur any capital, operating, commodity or other costs relating to the provision of services contemplated herein above those existing prior to the date of the Regulatory Event, then Seller may be permitted to pass through such costs to Buyer.

8. FORCE MAJEURE:

The Seller will be excused for performance under this Agreement for events of Force Majeure declared by Utility or the Seller. Force Majeure is defined as causes beyond the reasonable control of Utility and the Seller. Force Majeure events include, but are not limited to, acts of God, terrorism, sabotage, and natural occurrences. In addition, natural gas commodity may be interrupted or curtailed in accordance with the Utility’s curtailment procedures as set forth in the Utility’s tariffs, policies, and practices.

9. SEVERABILITY AND ASSIGNMENT:

If any provision in this Agreement is determined to be invalid, void or unenforceable by any court or other regulatory body having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision of the Agreement. Neither party may assign this Agreement without the prior written consent of the other party, except that Seller, without the consent of Buyer, may assign the Agreement to a controlled subsidiary of that party or a purchaser of all or substantially all of that party’s assets used in connection with performing this Agreement, provided the assigning party guarantees the performance of and causes the assignee to assume in writing all obligations of the assignor under this Agreement, and is qualified to fulfill the obligations of the Agreement.

10. GOVERNINGLAW:

The laws of the State where the service is provided govern this Agreement.

11. LIMITATION OF LIABILTY AND WARRANTIES:

SELLER WILL NOT BE LIABLE FOR ANY TYPE OF SPECIAL, PUNATIVE, INDIRECT, OR CONSEQUNTIAL DAMAGES WHATSOEVER, EVEN IF THE RESULT OF NEGLEGENCE. ALL OTHER LIABILITY WILL BE LIMITED TO ACTUAL DAMAGES ONLY, AND WILL BE THE EXCLUSIVE REMEDY. BUYER WAIVES ALL OTHER REMEDIES AT LAW OR IN EQUITY AND THERE ARE NO THIRD- P A R T Y BENEFICIARIES TO THIS AGREEMENT. ALL NATURAL GAS COMMODITY SOLD HEREUNDER IS PROVIDED “AS IS”. SELLER DOES NOT GIVE ANY TYPE OF WARRANTY, EXPRESSED OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

12. EMERGENCY:

BUYER SHOULD CONTACT UTILITY AT 1-877-245-3506 FOR ISSUES REGARDING EMERGENCIES (E.G. GAS ODOR AND LEAKS), UTILITY RATES, METERING, OR OTHER ISSUES REGARDING BUYER’S UTILITY SERVICE .

13. CONFLICT OF TERMS AND CONDITIONS:

Any terms not defined herein will have the meanings set forth in the Utility’s Choice Gas Program Participation Agreement, and any applicable provisions of the Black Hills Wyoming Gas, LLC Tariff on file with the Wyoming Public Service Commission. Any conflicts between these terms and conditions and , Company’s Tariff or Supplier Participation Agreement and related amendments or attachments will be resolved first in favor of the Company’s Tariff, and then the Supplier Participation Agreement and related amendments or attachments.

14. CLASS ACTION WAIVER.

Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.