1. Active Energy Corp. (“Active Energy”) is licensed by the Ontario Energy Board to sell natural gas in Ontario under licence number GM-2007-0078.Active Energy is a retailer of natural gas and not your local gas distributor.
2. Your Rights under the Ontario Energy Board Act, 1998 (the “Act”):

This agreement ceases to have effect unless:

Active Energy delivers a written copy of this agreement within 40 days after you have signed this agreement, or

Except for agreements entered into by direct mail solicitation, over the internet, or following your contact with Active Energy about this agreement, Active Energy reaffirms this agreement with you in accordance with section 88.9 of Act no earlier than 10 days and no later than 60 days following the date of receipt of this agreement. You have the right as set forth in subsection 88.10(2) of the Act to cancel this agreement within one year of entering into it if the agreement does not meet the requirements referred to in the Act or the applicable regulations thereunder.

1. Statement of Consumer’s Rights under the Consumer Protection Act, 2002:If you are an individual acting for personal, family or household purposes (a “consumer”) and you entered into this agreement through an agent of ours in person at a place other than our premises, then you may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give Active Energy a reason for cancelling during this 10-day period. If Active Energy does not make delivery within 30 days after the delivery date specified in this agreement or if Active Energy does not begin performance of Active Energy’s obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to Active Energy, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of Active Energy that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, Active Energy has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). However, if you cancel this agreement after having solicited the goods or services from Active Energy and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, Active Energy is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the Active Energy, except goods that can be repossessed by or returned to Active Energy.
2. Agreement Price: The price in $/m3 is fixed for the term of this agreement as specified in the cover page.
3. Fair Pricing Option: If during the Term of this Agreement the posted standard residential retail rate at which we offer to supply natural gas for a 5 year term, is greater or less than the Price, agreed upon in the Agreement, then no later than 60 days prior to the anniversary date of this Agreement you may contact Active Energy to amend this Agreement as described: The Term will be amended to 5 years from the next anniversary date and the Price will be amended to a price, determined solely by us acting reasonably , that is approximately the weighted average of the Price and Active Energy posted standard residential retail rate taking into account the number of years remaining on the original Agreement (the “Fair Pricing Option”). All other terms and conditions of this Agreement will remain unchanged. Upon receiving notice that you wish to amend the Agreement, Active Energy will send written notice confirming the amendments. You will have 10 days from the date on such notice to retract your election of the Fair Pricing Option by providing written notice to us and , in that event, this Agreement will continue in full force and effect in accordance with its original terms.
4. Appointment as Supplier: You appoint Active Energy for the duration of this agreement, as your exclusive supplier and agent with respect to the supply of natural gas (such supply includes but is not limited to, transportation, storage and delivery) to the Service Address. You agree not to appoint any other natural gas supplier or agent during the term of the agreement.
5. Enrollment: You authorize and direct Active Energy to enter into agreements on your behalf with a natural gas distribution company (the “Distribution Company”) for the Service Address.
6. Green Option: If you elect the Green Option, Active Energy will contribute to activities that decrease the quantity of carbon dioxide emitted into the atmosphere in a manner that offsets the carbon dioxide produced by the natural gas that you consume under this agreement.
7. Billing and Fees: You acknowledge that the price of natural gas that you agree to pay is not regulated by the Ontario Energy Board. The charges under this agreement will be included in your bill from your Distribution Company normally sent monthly or bimonthly or as determined by your Distribution Company. The Distribution Company will bill you for the natural gas delivered to the Service Address and for certain distribution access charges and any other fees, charges or taxes relating to the delivery of natural gas delivered to the Service Address. You acknowledge that, in addition to all other amounts referenced herein, you shall be responsible for and agree to pay all charges, fees, assessments or allocations assessed by or through the Distribution Company against you or Active Energy as the result of or that are incidental to the delivery of natural gas to the Service Address, including, but not limited to, regulated transmission and distribution charges.
8. Effective Date: The agreement is effective when signed by you and Active Energy as of the date set out on the cover page.
9. Term: The agreement is effective for the term specified on the cover page.
10. Renewal: Active Energy may renew this agreement for the same term specified on the cover page provided that Active Energy delivers written notice to you not less than 120 days before the expiration of the term and provided that you do not provide written notice to Active Energy that you do not accept the renewal.
11. Cancellation by Active Energy: Active Energy may, in its sole and absolute discretion, cancel this agreement in any of the following circumstances
12. if you default on payment of your account or fail to meet any other obligations under this agreement;
13. if the Distribution Company is unable or is prevented from complying with any of the obligations it owes Active Energy;
14. if the Distribution Company no longer services the Service Address for any reason or takes any step to disconnect supply of natural gas, other than as a result of an emergency or to facilitate repairs to the natural gas facilities;
15. if you authorize another natural gas supplier or agent for the Service Address during the term of this agreement;
16. if this agreement or any part thereof is assigned without the prior written consent of Active Energy;
17. if you fail to satisfy at any time the credit bureau standard required by Active Energy;
18. more than 50,000 cubic metres of natural gas is delivered to the Service Address; or
19. if Active Energy is required by law to cancel the agreement.

if the Distribution Company enacts under a GDAR Service Agreement or any other Agreement credit requirements on Active that are prohibitive with respect to Active fulfilling its delivery obligations.

1. Liquidated Damages: If you default or otherwise cause this agreement to be terminated in accordance with paragraph 12 hereof, you agree to pay, in addition to all other amounts outstanding, (a) an amount equal to 5.0 cents per cubic metre for each cubic metre of your estimated natural gas consumption for the remainder of the term (such estimate shall be based upon your natural consumption over the preceding twelve (12) months using historical information provided by the Distribution Company), and (b) in the sole and absolute discretion of Active Energy, any positive amount determined by multiplying your projected natural gas consumption by the difference between the natural gas price stated in this agreement and Active Energy’s determination of the prevailing price of the most comparable product on the market at the time this agreement is terminated. Any amount payable under this paragraph 13 is used to compensate Active Energy and shall not be construed as a penalty. You authorize the Distribution Company to include this amount in your utility bill as an amount payable to Active Energy.
2. Business Customer Indemnity: If you are a business and not a consumer then you hereby agree to indemnify Active Energy, its affiliates, directors, officers and employees, and the permitted assignees of Active Energy from, and hold it harmless against, any claim, demand, suit, loss, liability, damage, obligation, payment, cost, expense and accrued interest thereon (including the costs and expenses of, and accrued interest in respect of, any and all actions, suits, proceedings, assessments, judgements, settlements and compromises relating thereto and reasonable lawyers’ fees and expenses in connection therewith but excluding indirect and consequential damages) (collectively, an “Indemnifiable Loss”) incurred or suffered by Active Energy arising out of or in connection with Active Energy’s performance of its obligations under this agreement, so long as such Indemnifiable Loss does not arise as a result of the Active Energy’s breach of this agreement, negligence or wilful misconduct.
3. Assignment: Active Energy may assign or otherwise transfer any or all rights or obligations under this agreement or pledge this agreement or the proceeds from it as security for any obligations without your consent. You cannot assign or otherwise transfer any rights or obligations under this agreement without the prior written consent of Active Energy.
4. Miscellaneous: The failure of either party at any time to require performance by the other party of any provision of this agreement shall in no way affect that party’s right to enforce such provision, nor shall the waiver by either party of any breach of any provision of this agreement be taken or held to be a waiver of any further breach of the same provision or any other provision. If any provision of this agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired. This agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. This agreement supersedes all prior understandings, representations, negotiations and correspondences, written or oral, between you and Active Energy and constitutes the entire agreement between the parties with respect to the matters described herein. Unless specified otherwise, all statements of or references to dollar amounts in this agreement are to lawful money of Canada.
5. Questions and Concerns: If you have any questions or concerns about this agreement please direct them in the first instance to Active Energy. If Active Energy cannot resolve your concerns please contact the Ontario Energy Board’s Customer Service Centre at (416) 314-2455 or toll free at 1-877-632-2727.
6. Personal Information: You authorize your Distribution Company to give us any information about your account(s), including, but not limited to, usage, payment information, and meter information. You consent to our disclosure of your personal information for the following purposes: (a) billing and carrying out the supply of natural gas under this agreement, (b) general compliance with laws or an investigation by a law enforcement agency, and (c) collection of your account if it is a past due account and passed onto a debt collection agency. We may record and disclose telephone conversations between you and Active Energy and disclose the recordings in accordance with the foregoing.
7. Contacting Us:

Active Energy, 390 Brant Street, Suite 402, Burlington, Ontario, L7R 4J4

www.ActiveEnergy.ca

Toll free: 1-866-628-9427, Fax: (416) 855-7487

1. Changes To Your Service Address:Upon receipt of a change of address notification from you or the Distribution Company, we will transfer supply under this agreement to your new Service Address. You must notify us in writing at least 30 days before the change takes effect. If we are not able or it is not commercially reasonable to supply natural gas to you at any or all of your new Service Address(es), then Active Energy may, at its option, treat this agreement as at an end with respect to any or all of the Service Address(es) and so notify you.