December 2023

Uncle Frank Energy Services (“Uncle Frank”) will supply natural gas commodity to my natural gas account (“Account”) subject to the eligibility requirements of my local utility, Black Hills Nebraska Gas, LLC and acceptance by Uncle Frank. I authorize Uncle Frank to enroll my Account. This Natural Gas Agreement (“Agreement”) sets forth the general terms and conditions regarding my natural gas commodity supply from Uncle Frank.

1. Uncle Frank Energy Services and Utility Services.

This Agreement and any renewal notice from Uncle Frank (if applicable) reflect my entire agreement with Uncle Frank and supersedes any oral or written statements made in connection with this Agreement or my natural gas commodity supply. The Utility will continue to deliver gas to me, read my meter, and provide emergency and other services it has provided in the past.

2. Term and Renewal.

Uncle Frank will begin supplying my natural gas commodity at the beginning of the Agricultural program year on April 1st. This Agreement will continue for either twelve (12), Twenty-Four (24) or Thirty-six (36) months, as selected by me on the Utility selection for (the “Initial Term”), starting with my first billing on or after April 1st. This Agreement will automatically renew for twelve (12) month terms (each a “renewal Term”) if I don’t select a natural gas commodity supplier before the Utility’s annual selection deadline. Uncle Frank will set the default pricing with 15 days of the end of the annual selection period for the Renewal Term.

3. Index Price Option and My Bill.

My monthly natural gas commodity charge will be calculated using the proper Index Pricing formula applied to my natural gas commodity usage, agreed to at the time I enrolled with Uncle Frank for my natural gas commodity service.

4. Introductory Fixed Rate Per Therm Price Option.

For the first month of service, you will receive $0.450/therm. After the initial month is up, your account will revert to a fixed price of $0.709/therm for the remaining eleven months of the 2024-2025 program year.

5. Green Gas Option.

By electing this option, Uncle Frank will purchase Green-e certified offsets in order to reduce the carbon emissions from the natural gas you use.

6. Events of Default.

Uncle Frank may terminate this Agreement if I (a) fail to comply with the Utility’s payment terms, or (b) move during the term of this Agreement. If one of these events occurs, Uncle Frank may terminate my Agreement.

7. Billing and Payment.

The Utility will invoice you monthly for all charges applicable to your natural gas usage, including Uncle Franks’ natural gas commodity price, applicable taxes, and all applicable Utility customer charges and franchise fees.

8. Questions and Disputes:

For questions about this Agreement, please call Uncle Frank at 1-833-372-6564, Monday through Friday 8 am through 4 pm Mountain Standard Time. Uncle Frank will assign a representative who will assist in reaching a mutually satisfactory solution.


10. Consistent with applicable regulatory requirements, Uncle Frank will hold in confidence all information obtained from me or the Utility related to the provision of services under this Agreement and which concern my energy characteristics and use patterns, except that Uncle Frank may disclose such information to its affiliates and such affiliates’ employees, agents, advisors and independent contractors.

9. Change in law or market structure.

If a change in or implementation of law, rule, regulation, ordinance, statute, judicial decision, administrative order, Utility tariffs, pipeline tariffs or the like causes our costs under this Agreement to increase, we will have the right to pass such increased costs on to you without prior notice. The changes described in this Section may change any or all the changes described in this Agreement.

12. Uncle Frank will deliver gas to a point of interconnection between the Utility distribution system and a third-party pipeline (the “Delivery Point”). Title and risk of loss transfer to customer at their meter. Both Customer and Uncle Frank agree irrevocably and unconditionally to waive any right to a trial by jury or to initiate or become a party to any class action claims in respect of any action, suit or proceeding directly or indirectly arising out of or relating to this Agreement. Uncle Frank may assign this Agreement to another supplier authorized by the Utility provided that Uncle Frank gives the Customer written notice of such assignment, and the assignee assumes all of Uncle Frank’s responsibilities and duties under this Agreement. Customer may not assign this Agreement without Uncle Frank’s prior written consent. Any required notice shall be deemed to have been made if mailed to Customers last known mailing address in Uncle Frank’s records for the account. The laws of the state where the service is being provided shall govern the interpretation and performance of this Agreement. If Customers state’s public service commission, or the Utility ends or changes the program under which Customer buys natural gas commodity in a manner that physically prevents or legally prohibits Uncle Frank from performing under the terms of this Agreement, Uncle Frank may terminate this Agreement on fifteen (15) days’ notice.