TC -Area8-Fox Lake CI-Taycheedah CI-Waupun CI-Wis School VH.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:

State of WI Waupun Correctional Institution Waupun WI

State of WI Correctional Institution Fox Lake WI

State of WI Taycheedah Correctional Institute Fond Du Lac WI

State of WI School for the Visually Handicapped Janesville 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 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 47,938.0 $0.23470

February 45,024.0 $0.23470

March 40,447.0 $0.23470

April 30,230.0 $0.23470

May 21,517.0 $0.23470

June 14,415.0 $0.23470

July 14,282.0 $0.23470

August 15,449.0 $0.23470

September 15,298.0 $0.23470

October 30,030.0 $0.23470

November 38,682.0 $0.23470

December 44,215.0 $0.23470

Account Manager: Fink, Logan DEAL NO. 1432736

(920) 617-6117 1432737 logan.fink@constellation.com 1432738

© 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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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): FOND DU LAC, RANDOLPH, JANESVILLE WI

Utility: WPL

LDC Account No(s): 4286840000, 4520700000, 5987820000, 8448300000

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.

© 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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Default Service : Should Constellation continue to deliver to Customer beyond the term of this Transaction Confirmation, said deliveries will be made for successive 12 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:

Name: Nancy H. Fischer Name:

Title: Vice President- Retail Ops Title:

Date:

Date:

Customer ID RG-152715, RG-152730, RG-57664, RG-152726

Contract No. CNEG19718

Deal No. 1432736, 1432737, 1432738, 1432739

11/5/2021 9:57:45 AM

David Bender

Enterprise Contract officer

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