R2020-143 Resolution Authorizing the Execution of a Service Agreement for Supply of Electricity for Residential and Small Commercial Customers Municipal Aggregration Homefield Energy

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ARTICLE 3:TERM A. Term of Agreement. This Agreement commences on the date first written above,provided however,the supply service to Aggregation Members shall not commence until the Utility's confirmation of Member enrollment with Supplier and shall continue through the billing cycle of the last month of the Term,as elected by Aggregator and set forth in Exhibit A. B. Extension Aggregator and Supplier may extend the Term of this Agreement for additional periods of time by written mutual agreement approved and executed by each of them(each an"Extended Term") Any such extension may,among other things,provide for an opportunity to refresh the price, Any price modification in an Extended Term shall require Supplier issuance of a new opt-out notice for the Extended Term to all Aggregation Members Nothing in this Article related to the Term,or the possibility of agreement to an Extended Term may be construed or applied in any manner to create any expectation that any right or authority related to this Agreement granted by Aggregator to Supplier shall continue beyond the Term or an approved Extended Term. C. Notification. In the event Aggregator decides either(a)the Aggregation Program will terminate upon expiration, or(b)that that it would like to renew the Aggregation Program with an ARES other than Supplier,then Aggregator must provide notice to Supplier at least 45 days prior to the first expiration date(billing cycle)of any Aggregation Member in the last month of the Term, as elected by Aggregator and set forth in Exhibit A. In the event such notification is not.received by Supplier by the applicable date,the Parties will in good faith negotiate an extension for a price no later than sixty(60)days prior to the first expiration date(billing cycle)of any Aggregation Member in the last month of the Term,as elected by Aggregator and set forth in Exhibit A. In the event no extension is agreed upon by the Parties,the Parties will have no obligation to each other to extend the Aggregation Program. D. Term of Enrollment. Members shall remain enrolled in the Aggregation Program until the Member exercises the right to opt-out,or they otherwise terminate their participation in the Aggregation Program,their participation in the Aggregation is terminated by Aggregator,their participation in the Aggregation Program is terminated by Supplier or the Utility,or until this Aggregation Program is terminated,whichever occurs first. E. Interaction Between Termination Dates of this Agreement and Contracts with its Members. Members initially enrolled in the Aggregation Program shall receive Electric Supply at the Retail Power Price set forth in this Agreement. if this Agreement is terminated prior to the end of the Term due to a Regulatory Event,then Electric Supply will terminate early and the Members will be switched to the Utility's Rate BGS-1 or BGS-2 default rate, where applicable,provided by the Utility as required by 220 ILCS 5/16-103 and defined by its rates on file with the ICG pursuant to 200 ILCS 5/Art. iX, (Tariff Service")in accord with the standard switching rules and applicable notices. If this Agreement is terminated pursuant to the terms of this Agreement, the Aggregation Program will terminate early and the Aggregation Member may choose another ARES or will be switched to Utility default service in accord with the standard switching rules and applicable notices. The Members are responsible for arranging for their supply of energy upon expiration or termination of this Agreement. If this Agreement is terminated prior to the end of the Term and a Member has not selected another supplier,such Member will be switched to Utility default service. ARTICLE 4: PROGRAM RESPONSIBILITIES A. Aggregator Responsibilities. 1. Program Responsibilities. Aggregator shall perform those duties related to the Aggregation Program as required by Section 1-92 of the Act,e.g,adopting an ordinance authorizing aggregation,submitting a referendum to its residents,abiding by notice and conduct requirements of general election law,developing a plan of operation and governance,holding public hearings,and informing residents of opt-out rights. 2. Customer Information. Aggregator Consultant or Aggregator Designee shall obtain the Customer Information from Aggregator or Utility directly, and provide the Customer Information to Supplier for use in the enrollment and opt-out process set forth in Article 5. Aggregator acknowledges that Supplier is not liable for the completeness or accuracy of the account information included on,or excluded from,the Customer Information data files provided for this purpose. Aggregator further acknowledges that Supplier is not liable for any Incremental costs associated with performing additional services to correct errors or omissions resulting from Customer Information data provided by Aggregator or Ameren 3. Notices from Utility.Aggregator shall promptly forward to Supplier any notices received by Aggregator from Ameren concerning the account(s)of Aggregation Member(s). City of Deeatur.HFE.NEG.Agg Program AgreementMGM.10.05 2020 Page 3 of 12