PLEASE REVIEW THESE TERMS CAREFULLY, AS THEY ADDRESS IMPORTANT DETAILS REGARDING YOUR FUEL PLAN, INCLUDING HOW GOVERNMENT-IMPOSED TARIFFS (IF AND WHEN IMPOSED) COULD IMPACT YOUR FIXED OR CAPPED PRICE.

Acceptance of Agreement: This Agreement will be considered final and binding on Irving Energy only after Irving Energy has sent a written confirmation of acceptance. Irving Energy may elect, prior to acceptance, to: (1) inspect your fuel tank (typically only for new customers), and (2) perform a standard credit check (which you hereby consent to).

Term: This Agreement begins when Irving Energy accepts your Agreement and continues through the Heating Season, which is the period that: (1) begins on the later of (i) September 1, 2026 or (ii) the date on which Irving Energy accepts your Agreement, and (2) ends on May 31, 2027.

Choice of Gallons: You are responsible for reasonably estimating how many gallons of fuel you wish to buy at a Fixed or Capped Price (your "Choice of Gallons").

Delivery of Fuel: Irving Energy will deliver your Choice of Gallons solely to the delivery location(s) noted on your account; automatic delivery is a requirement of this Agreement. You agree not to use another supplier for the heating fuel type covered by this Agreement until all of your Choice of Gallons are delivered to you. While Irving Energy will make reasonable efforts to avoid any situation where you might run out of fuel, these events occasionally do occur, and, if it does: (1) Irving Energy will deliver fuel to you as quickly as reasonably possible; (2) such an event does not void this Agreement.

Price: For Fixed Price Plan customers, the price you agree to pay for your Choice of Gallons will be as specified in your Agreement (the "Fixed Price"). For Cap Protection Plan customers, the price you agree to pay for your Choice of Gallons will be the lower of the Fixed Price or the then-current Irving retail market price (the "Capped Price"). You must take delivery of all Choice of Gallons within the Heating Season. No prompt pay discounts apply during the Heating Season. The price for any (1) additional fuel delivered in excess of your Choice of Gallons, or (2) fuel delivered before or after the Heating Season, will be Irving Energy’s then-current retail market price, and all such deliveries will continue to be on an automatic delivery basis. If you are under an equalized payment plan, if there is a positive balance on your account at the end of the Heating Season, such amount will remain on your account as a credit for future purchases or services from Irving Energy at then-current prices, unless you elect to receive a refund of the positive balance and notify Irving Energy of the same within 30 days of the end of the Heating Season.

Payment: Unless otherwise provided in the specific terms of your fuel plan or this Agreement, all invoices must be paid as provided in the GTCs.

Tariff Charge: You hereby acknowledge that the product you are purchasing pursuant to this Agreement may, in Irving Energy’s sole discretion, consist of product imported into the U.S. that is, or may become during the term of this Agreement, subject to a government-imposed customs duty or similar tax (a "Tariff"). In addition to the price of the Choice of Gallons (including Fixed or Capped Price) and all other amounts due to Irving pursuant to this Agreement, YOU AGREE TO PAY TO IRVING ENERGY A PER-GALLON TARIFF CHARGE (DEFINED BELOW) FOR ALL PRODUCT DELIVERED TO YOU DURING ALL TIME PERIODS THAT A TARIFF IS IN EFFECT FOR THE TYPE OF PRODUCT BEING DELIVERED TO YOU PURSUANT TO THIS AGREEMENT. THE TARIFF CHARGE WILL APPLY REGARDLESS OF THE DATE OF IMPORTATION, IF ANY, OF THE PRODUCT ACTUALLY DELIVERED TO YOU. Irving Energy reserves the right to reduce, suspend, and/or reinstate the Tariff Charge for any Product at any time and from time to time.

"Tariff Charge" shall mean an amount equal to the commodity value of the delivered product as of the date of delivery, multiplied by the then-applicable government-imposed Tariff rate. The foregoing commodity value shall be calculated by Irving Energy by reference to an applicable pricing index (OPIS-based for propane; Argus-based for heating oil) in a manner that is reasonably consistent with industry standards and practices.

Termination: If this Agreement is terminated due to your default or breach prior to the expiration of the Heating Season, you shall immediately pay to Irving Energy all amounts that you owe to Irving Energy (even if you are under an equalized payment plan) and in addition to any other damages for which you may be liable, you agree to pay to Irving Energy liquidated damages calculated as follows : (1) For Heating Oil: (Choice of Gallons minus actual gallons delivered) times $1.50; and (2) For Propane: (Choice of Gallons minus actual gallons delivered) times $1.25. The parties agree that such liquidated damages are a reasonable estimate of Irving Energy's damages and are not intended to be a penalty. Irving Energy shall also be entitled to recover any additional expenses per the GTCs incurred as a result of your breach of this Agreement.

Notices: To contact Irving Energy regarding your Agreement: 1.888.310.1924, homecomfort@irvingoil.com, or 190 Commerce Way, Portsmouth NH 03801 (Attn: PPP Manager).

SECURITY FOR PREPAID CONTRACTS: WE SECURE OUR FUEL DELIVERY OBLIGATIONS UNDER THIS AGREEMENT BY PURCHASING FUTURES CONTRACTS FOR FUEL.

Additional Terms: This Agreement expressly includes by reference the GTCs. In the event of a conflict between this Agreement and the GTCs, the specific provisions of this Agreement shall control, otherwise the general provisions of the GTCs will control to the extent necessary to resolve conflict.