R2013-80 AUTHORIZING SERVICE AGREEMENT FO SUPPLY OF ELECTRICITY

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HSM E F I E LD I E N E R G Y continue the Program with another ARES. Homefield has no obligation to request such information on behalf of Aggregator or another Alternative Retail Electric Supplier. D. Retail Power Price. The Retail Power Price is identified in Exhibit A. The Retail Power Price is based on Aggregation Members'historical or projected load data which is considered representative of the combined Retail Power requirements for the proposed Term. The Retail Power Price applies to all Retail Power covered under this Agreement. Retail Power Price also includes charges for distribution energy losses, capacity, MISO transmission charges, and energy, including scheduling and load forecasting associated with the delivery of the Retail Power. The Retail Power Price does not include any charges by the DSP,which are the responsibility of the Member, Including but not limited to charges for services under the applicable delivery service tariffs and riders,such as delivery service charge,facilities charges, taxes(either billed for by the Utility or Member self-assessed), environmental, public purpose program,or switching charges as may be applicable from time to time. I ARTICLE 6: REMEDIES AND TERMINATION A. Remedies. in addition to every other right or remedy provided to a Party under this Agreement, if the other Party fails to comply with any of the provisions of this Agreement (for reason other than an order, rule, or regulations of a governmental agency or court having jurisdiction over the defaulting Party), then the non-defaulting Party may give notice to the defaulting Party specifying that failure. 1. Cure Period. The defaulting Party will have 15 business days after the date of that notice to take all necessary steps to comply fully with this Agreement, unless (a) this Agreement specifically provides for a shorter cure period or (b) an imminent threat to the public health, safety, or welfare arises that requires a shorter cure period, in which case the notice must specify the cure period, or (c) compliance cannot reasonably be achieved within 15 business days but the it promptly commences a cure and diligently pursues the cure to completion. 2. Failure to Cure. If the defaulting Party fails to comply within that 15-day period, or the shorter period if an Imminent threat, or if the defaulting Party falls to promptly commence a cure and diligently pursue the cure to completion, then the non-defaulting Party, subject to the limits of applicable federal or State of Illinois law, may take any one or more of the following actions: a. Seek specific performance of any provision of this Agreement or seek other equitable relief, and institute a lawsuit against the defaulting Party for those purposes. b. Institute a lawsuit against the defaulting Party for breach of this Agreement and seek remedies and damages as the court may award. 11