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POWER PURCHASE AGREEMENT ("PPA") <br /> 4. Notices. All notices under this Agreement shall be in writing and shall be by personal delivery, <br /> facsimile transmission, overnight courier, or regular, certified, or registered mail, return receipt <br /> requested, and shall be deemed received upon personal delivery, acknowledgment of receipt of <br /> electronic transmission, the promised delivery date after deposit with overnight courier, or five <br /> (5) days after deposit in the mail. Notices shall be sent to the party identified in this Agreement <br /> at the address set forth above or such other address as either party may specify in writing. Each <br /> party shall deem a document faxed or sent by electronic mail to it as an original document. <br /> Seller: Purchaser: <br /> Hawk-Attollo, LLC City of Decatur (Firehouse#2/WPS) <br /> 801 W. Main Street, Suite A221 1 Gary K Anderson Plaza <br /> Peoria, IL 61606 Decatur, IL 62523 <br /> Attn:Jason Hawksworth Attn: City Manager <br /> PHONE: (309) 231-3900 PHONE: (217) 424-2700 <br /> FAX: (309)495-7996 FAX: (217) 424-2871 <br /> EMAIL:jason@hawkenergysolutions.com EMAIL:tgleason@decaturil.gov <br /> 5. Applicable Law. All disputes arising out of the performance or non-performance under this <br /> Agreement shall be construed in accordance with the laws of the State of Illinois. <br /> 6. Entire Agreement, Changes. This Agreement contains the parties 'entire agreement regarding <br /> the matters set forth herein. Seller's obligations under this Agreement are separate and distinct <br /> from the obligations of the Seller or its assigns under the PPA. No breach of this Agreement shall <br /> affect either Party's obligations under the PPA. Any change to this Agreement must be in writing <br /> and signed by both Parties.-If any provision of this Agreement, or portion thereof, is held by a <br /> court of competent jurisdiction to be contrary to law or otherwise unenforceable, the provision <br /> will be modified by the court and interpreted so as best to accomplish the objectives of the <br /> original provision to the fullest extent permitted by law, and the remaining provisions of this <br /> Agreement will remain in full force and effect. <br /> [SIGNATURE PAGE FOLLOWS] <br /> Page 40 of 49 <br />