R2013-80 AUTHORIZING SERVICE AGREEMENT FO SUPPLY OF ELECTRICITY

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i HOMERELD E N E R G Y information, will be and remain the sole properties of Aggregator. Homefield must promptly deliver all Data to Aggregator at Aggregator's request. Homefield Is responsible for the care and protection of the Data until that delivery. Homefield may retain one copy of the Data for Homefield's records subject to the Homefieid's continued compliance with the provisions of this Agreement. Upon expiration of the Agreement, Homefield shall provide Aggregator with an electronic copy of data defined in Article 5(1) (c)at no cost to Aggregator. D. Assignment, This Agreement shall not be transferred or assigned by either Party without the express authorization of the other Party, which shall not be unreasonably withheld, �- provided, however, that upon advance written notice to Aggregator, Homefield may assign this Agreement to an Affiliate without the express authorization of Aggregator, provided that Homefield remains liable for Homefield's obligations hereunder. E. Notices. Any notices, requests or demands regarding the services provided under this Agreement and the Attachments shall be deemed to be properly given or made (1) if by hand delivery,on the day and at the time on which delivered to the intended recipient at Its address set forth in this Agreement; (11) if sent by U.S. Postal Service mail certified or registered mail, postage prepaid, return receipt requested,addressed to the Intended recipient,from the date of postmark; or (iii) if by Federal Express or other reputable express mail service, on the next business day after delivery to such express service, addressed to the intended recipient at Its address set forth ; in this Agreement. The address of a Party to which notices or other communications shall be mailed may be changed from time to time by giving written notice to the other Party. F. Waivers. The failure of either Party to insist upon strict performance of such requirements or provisions or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment of such requirements, provisions or rights. Nothing in this Agreement shall be construed as a waiver of any rights, substantive or procedural, that Aggregator may have under Federal or state law unless such waiver is expressly stated herein. G. Applicable Law and Cho1122 of Venue. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, without regard to principles of conflict of laws. Except as to any matter within the jurisdiction of the ICC, all judicial actions relating to any interpretation, enforcement, dispute resolution or any other aspect of this Agreement shall be brought in a Circuit Court of the State of Illinois. Any matter brought pursuant to the jurisdiction of the federal court shall be brought in the United States District Court of the Central District of Illinois. H. Exhibits. Exhibits attached to this Agreement are, by this reference, incorporated into and made part of this Agreement. I. Controlling Provisions. In the event of any inconsistency between the text of this Agreement and the terms of the Exhibits hereto,the text of the Exhibits shall control. J. Severability. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction. The non-enforcement of any provision 1 15 I