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POWER PURCHASE AGREEMENT ("PPA") <br /> b. Permitted Disclosures. Notwithstanding any other provision in this Agreement, neither <br /> party shall be required to hold confidential any information that (i) becomes publicly <br /> available other than through the receiving Party, (ii) is required to be disclosed to a <br /> Governmental Authority under applicable law or pursuant to a validly issued subpoena <br /> (but a receiving Party subject to any such requirement shall promptly notify the disclosing <br /> Party of such requirement to the extent permitted by applicable law), (iii) is <br /> independently developed by the receiving Party or(iv)becomes available to the receiving <br /> Party without restriction from a third party under no obligation of confidentiality. If <br /> disclosure of information is required by a Governmental Authority, the disclosing Party <br /> shall, to the extent permitted by applicable law, notify the other Party of such required <br /> disclosure promptly upon becoming aware of such required disclosure and shall <br /> cooperate with the other Party in efforts to limit the disclosure to the maximum extent <br /> permitted by law. <br /> 21. Goodwill and Publicity. Neither Party shall use any name,trade name,service mark,or trademark <br /> of the other Party in any promotional or advertising material without the prior written consent of <br /> such other Party. The Parties shall coordinate and cooperate with each other when making public <br /> announcements related to the execution and existence of this Agreement, and each Party shall <br /> have the right to promptly review, comment upon and approve any publicity materials, press <br /> releases or other public statements by the other Party that refer to, or that describe any aspect <br /> of, this Agreement. Neither Party shall make any press release or public announcement of the <br /> specific terms of this Agreement (except for filings or other statements or releases as may be <br /> required by applicable law)without the specific prior written consent of the other Party. Without <br /> limiting the generality of the foregoing, all public statements must accurately reflect the rights <br /> and obligations of the Parties under this Agreement, including the ownership of Environmental <br /> Attributes and Environmental Incentives and any related reporting rights. <br /> 22. Miscellaneous Provisions. <br /> a. Choice of Law. The law of the state where the System is located, Illinois,shall govern this <br /> Agreement without giving effect to conflict of law principles. <br /> b. Arbitration and Attorney's Fees. Any dispute arising from or relating to enforcement of <br /> this Agreement but not for contribution in tort claims or other claims which do not involve <br /> interpretation or enforcement of the agreement, shall be arbitrated in Illinois with a <br /> mutually agreed upon arbitrator. The arbitration shall be administered by JAMS in <br /> accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on <br /> any award may be entered in any court of competent jurisdiction. If the Parties agree, a <br /> local mediator may be consulted prior to arbitration and shall be mutually agreed upon. <br /> The prevailing party in any dispute arising out of this Agreement shall be entitled to <br /> reasonable attorneys'fees and costs. <br /> c. Notices. All notices under this Agreement shall be in writing and shall be by personal <br /> delivery,facsimile transmission,electronic mail,overnight courier,or regular,certified,or <br /> Page 31 of 49 <br />