Uncle Frank Energy Services (“Uncle Frank”) will supply natural gas to my natural gas account (“Account”) subject to the eligibility requirements of my local utility, Black Hills Nebraska Gas and Black Hills Wyoming Gas, 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 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 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 when the Utility switches my account to Uncle Frank.  This Agreement will continue for either twelve (12), Twenty-Four (24) or Thirty-six (36) months, as selected by me on the Utility election for (the “Initial Term”), starting with my first billing month.  This Agreement will automatically renew for additional twelve (12) month terms (each a “renewal Term”) unless I select a different supplier before the Utility’s annual selection deadline.  Uncle Frank will set the rate that will apply for each Renewal Term.
3. Fixed Monthly Bill. My monthly payment for all my natural gas usage will be the amount confirmed to me at the time I subscribed to the Fixed Monthly Bill service. The amount I will be required to pay for natural gas for Fixed Monthly Bill Service will not increase or decrease based on variations in weather conditions or changes in natural gas market prices. Uncle Frank reserves the right to alter my Fixed Monthly Bill monthly payment based on any material change in my usage of natural gas, such as increased usage due to additions or extensions, new equipment, leaks from my gas piping or appliances, discontinuing supplemental heat sources (such as wood stoves) and other additional heating demands, or if the utility or the pipeline upstream of the utility subsequently adds or changes any charges or any governmental authority adds or increases taxes or surcharges, or allows for the imposition of a tax, surcharge, fee or other charge. I agree to provide Uncle Frank with advance written notice of any such anticipated changes. Uncle Frank will provide written notice of the alteration via email, mail or telephone, and will provide the reason for the change upon request.
4. Index Bill. My monthly payment for all my natural gas usage will be calculated using the proper Index Pricing formula, as selected by Customer, at the time I subscribed to sign up with Uncle Frank for my natural gas service.
5. Fixed Price Bill. My monthly payment for all my natural gas usage will be calculated using the proper Index Pricing or Fixed Pricing formula, as selected by me, at the time I subscribed to sign up with Uncle Frank for my natural gas service. 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, and/or the utility 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 charges described in this Agreement.
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’ gas supply rate, 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.
9. IF YOU SMELL GAS YOU SHOULD IMMEDIATELY CALL BLACK HILLS ENERGY AT 1-888-890-5554.
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.
11. 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 and/or the Utility 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 the Delivery Point.  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 gas 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.