Summary of Terms for our standard Power Purchase Agreement (“PPA”):

Note: This following is not an exhaustive or complete list of terms, but a summary in plain English. Please review the PPA in its entirety with your legal counsel.

1. Term of agreement: Variable from 5 year to 20 years, depending on customer requirements.
2. Coverage: Customer will purchase 100% of their electricity from Exergy.
3. Installation, Management & Operation: Exergy will install, manage, and maintain a backup generator at customer’s site at no cost to customer.
4. PPA Price: Fixed price per kWh with an annual inflation escalator.
5. Base Load: Both parties agree what the expected load of the facility will be.
6. Minimum purchase: Customer must purchase at least 85% of the Base Load from Exergy.
7. Maximum Fixed Price Power: Exergy will supply up to 120% of the base load at the contracted PPA rate. Consumption above 120% will be a pass through of market prices to customer.
8. Fuel: Exergy pays for the natural gas to run the generator.
9. Fuel Meter: Exergy will have a separate natural gas meter.
10. Termination: Customer may terminate the PPA at any time, however a termination fee applies.
11. Transfer of ownership: At the end of the term, ownership of the equipment is transferred to customer.
12. Billing: Billing is based on customer kWh’s consumed, multiplied by the PPA rate, subject to the maximum and minimums described above. Billing occurs monthly.
13. No Liens: Customer will not place any liens on the System.
14. Exclusive Provider: Exergy will serve as customer’s exclusive provider of electricity.
15. Service & Maintenance: Exergy is responsible for all service and maintenance of the generator.
16. Operation for the Benefit of the Customer: Exergy will operate the backup generator only in a manner that benefits the customer.
17. Change in Law or Regulation: Both parties agree to renegotiate the contract if a change in law or regulation makes the agreement financial