TC -Area 4- UW Parkside-UWPH-SWC-RCI-UWW-WSD-RacineCounty-Milwaukee County-Fox Valley Tech.pdf

© 2018 Constellation Energy Resources, LLC. The offerings described herein are those of either Constellation NewEnergy-Gas Division, LLC or Constellation NewEnergy, Inc., affiliates of each other and ultimate subsidiaries of Exelon Corporation. Brand names and product names are trademarks or service marks of their respective holders. All rights reserved. Errors and omissions excepted.

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**DRAFT**

Transaction Confirmation

This Transaction Confirmation is delivered pursuant to and in accordance with a gas supply agreement ("Gas Supply

Agreement"), effective 6/8/2016, by and between Constellation NewEnergy-Gas Division, LLC ("Constellation") and

Wisconsin Department of Administration ("Customer"), and is subject to and made part of the terms and conditions of such Gas Supply Agreement.

Trade Date:

11/3/2021

Buyer:

Wisconsin Department of Administration

Seller:

Constellation NewEnergy - Gas Division, LLC (CNEGAS)

Facility Name:

Milwaukee County HOC - Boiler House Franklin WI

State of WI Fox Valley Technical College

State of WI UW Whitewater WI

State of WI Southern Wisconsin Center Union Grove WI

State of WI UW Parkside Kenosha WI

State of WI UW Parkside Housing Kenosha WI

Wisconsin School For the Deaf Delavan WI

State of WI Racine County Jail Racine WI

State of WI Racine County Court House Racine WI

State of WI Racine Correctional Institution Racine WI

Delivery Period:

1/1/2022 - 12/31/2022 (inclusive)

Nature of Obligation: Secondary Firm - "Secondary Firm" means deliveries and receipts will be on a commercially reasonable efforts basis up to Customer's maximum daily quantity and performance may be interrupted without liability to the extent that one or more of the following conditions are present: (i) Force Majeure; (ii) curtailment by the local distribution company owning and/or controlling and maintaining the distribution system required for delivery of gas to the

Facility(ies) (the "Utility"); (iii) curtailment of supply by a natural gas supplier; (iv) curtailment of storage by a storage provider; (v) curtailment of transportation by a gas gathering or

Account Manager: Fink, Logan DEAL NO. 1432909

(920) 617-6117 1432907 logan.fink@constellation.com 1432908

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© 2018 Constellation Energy Resources, LLC. The offerings described herein are those of either Constellation NewEnergy-Gas Division, LLC or Constellation NewEnergy, Inc., affiliates of each other and ultimate subsidiaries of Exelon Corporation. Brand names and product names are trademarks or service marks of their respective holders. All rights reserved. Errors and omissions excepted.

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1432910 pipeline company, or Utility (each a "Transporter"), transporting gas for CNEG or Customer downstream or upstream of the Delivery Point(s), including, but not limited to, transportation between secondary firm points; (vi) recall of transportation capacity release by its releaser; or (vii) curtailment of gas production behind a specific meter.

Deal Type:

Physical Basis

Contract Quantity/Price :

Year 2022

Contract Month Fixed Amount (MMBtu) Price

January 94,903.0 $0.14280

February 95,771.0 $0.14280

March 78,316.0 $0.14280

April 62,559.0 $0.14280

May 44,509.0 $0.14280

June 39,233.0 $0.14280

July 35,175.0 $0.14280

August 38,000.0 $0.14280

September 38,875.0 $0.14280

October 61,378.0 $0.14280

November 74,515.0 $0.14280

December 87,268.0 $0.14280

US$ Rounded to five decimal places Plus applicable taxes

Volume: 1 MMBtu=10 THERMS Price: Per MMBtu price / 10=per THERM price

The price referenced herein is inclusive of fuel to the delivery point.

The price referenced herein represents basis only and does not include any applicable commodity price. For the fixed quantities and Delivery Period shown herein, if Customer has not otherwise locked the commodity price for a specific month, the commodity price shall be the NYMEX last day settle price for that month.

Incremental Pricing: For all additional quantities required by Customer, in excess of the fixed quantities listed herein in combination with any other nominated quantities, or for gas quantities bought back from Customer by Constellation due to Customer’s requirements being less than the total nominated volumes each month, the price for such additional purchases or buybacks shall be based on the then current market price, as determined by Constellation in its reasonable discretion.

If Constellation and Customer have previously entered into any commodity transaction(s) for the Facility (the "Previous

Transaction") that overlap one or more of the delivery months covered in this Transaction Confirmation (the

"Overlapping Month(s)"), the incremental gas pricing in this Transaction Confirmation shall apply to the Overlapping

Months instead of any conflicting incremental gas pricing associated with the Previous Transaction.

Pipeline: ANR

Delivery Point(s): APPLETON, NEW BERLIN, FORT ATKINSON, ROCHESTER, RACINE, LAKE GENEVA

Utility: WEGO

© 2018 Constellation Energy Resources, LLC. The offerings described herein are those of either Constellation NewEnergy-Gas Division, LLC or Constellation NewEnergy, Inc., affiliates of each other and ultimate subsidiaries of Exelon Corporation. Brand names and product names are trademarks or service marks of their respective holders. All rights reserved. Errors and omissions excepted.

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LDC Account No(s): 0712337120-00002, 0703514662-00001, 0708509203-00040, 0701601010-00001, 0705872568-00073, 0705872568-00025, 0717089891-00001, 0712455150-00012, 0712455150-00018, 0719051870-00001

Balancing Service: Constellation agrees to monitor and review all information provided to Constellation by Customer and Transporter regarding Customer's usage of gas. Based on such information, Constellation shall, on a continuous basis, select the appropriate quantities and shall make periodic nomination adjustments necessary to deliver the appropriate daily quantities required by Customer. Customer shall communicate to Constellation any material changes in production schedules that would affect the predictability of gas consumption. If the action or inaction of either Party results in the Transporter imposing balancing charges, such Party shall indemnify the other Party for any balancing charges so imposed.

Operational Flow Orders : If either Party receives an Operational Flow Order (“OFO”) or any other usage or operating instructions or similar notice from a Transporting Pipeline, or Utility, requiring action to be taken in connection with the flow and/or consumption of natural gas pursuant to this Contract, or any Transaction(s), such Party will use commercially reasonable efforts to notify the other Party by phone, fax, and/or e-mail of such event in a timely manner. Each Party will take all actions required by the OFO within the time prescribed. OFO penalties, if any, that result because of actions or inactions of one party, shall be paid by the non-performing Party. Both Parties agree that

OFO's may require one or both Parties to buy or sell natural gas quantities in the then current market conditions, which may be appreciably higher or lower than the original pricing.

Seller's planned billing method for this facility is to bill Buyer based on: Actual Consumption

Change In Law: Constellation may pass through or allocate, as the case may be, to Customer any increase or decrease in Constellation’s costs related to the natural gas and related products and services sold to Customer that results from the implementation of new, or changes (including changes to transportation rates) to existing, Laws, or other requirements or changes in administration or interpretation of Laws or other requirements. “Law” means any law, rule, regulation, ordinance, statute, judicial decision, administrative order, pipeline or utility business practices or protocol, pipeline or utility tariff, or rule of any commission or agency with federal jurisdiction or jurisdiction in the state in which the facility is located. Such adjusted amounts will be included in subsequent invoices to Customer.

Default Service : Should Constellation continue to deliver to Customer beyond the term of this Transaction

Confirmation, said deliveries will be made for successive 1 month terms (each an "Extension Term"), until terminated by either party by giving written notice of termination not less than 30 days prior to the expiration of the then-current

Extension Term. The price for gas delivered during the Extension Term(s) will be based on market prices as determined by Constellation. Unless otherwise provided by Customer, Constellation will determine Customer's monthly nomination in a commercially reasonable manner based upon Customer's historical usage data.

(SIGNATURE BLOCKS FOLLOW ON NEXT PAGE)

© 2018 Constellation Energy Resources, LLC. The offerings described herein are those of either Constellation NewEnergy-Gas Division, LLC or Constellation NewEnergy, Inc., affiliates of each other and ultimate subsidiaries of Exelon Corporation. Brand names and product names are trademarks or service marks of their respective holders. All rights reserved. Errors and omissions excepted.

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This Transaction Confirmation documents an agreement previously reached by authorized representatives of the parties.

Unless disputed by Customer in writing within two (2) business days of Constellation's execution date, or such other time frame as specified in the Gas Supply Agreement, it is binding and shall be deemed accepted.

Please return via the DocuSign E-Signature process or email to CNEGTransactionConfirmations@Constellation.com.

Constellation NewEnergy-Gas Division, LLC Wisconsin Department of Administration

By:

By:

*CustomerSignature1

Name: Nancy H. Fischer

Name: *CustomerSignerName1

Title: Vice President- Retail Ops

Title: *CustomerSignerTitle1

Date:

Date: *CustomerSignedDate1

Customer ID RG-57122, RG-152724, RG-152723, RG-152721, RG-152722, RG-151124, RG-184525, RG-67448, RG-56961

Contract No. CNEG19718

Deal No. 1432909, 1432907, 1432908, 1432919, 1432921, 1432920, 1432924, 1432910, 1432906, 1432925

11/4/2021 2:21:09 PM

David Bender

Enterprise Contract Officer

11/08/2021 mailto:CNEGTransactionConfirmations@Constellation.com