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<br /> HOMEFIELD
<br /> E N E R G Y
<br /> received during business hours on a business day, and otherwise shall be effective at the close of
<br /> business on the next business day. Notice by overnight United States mail or courier shall be effective
<br /> on the next business day after it was sent, A Party may change its addresses by providing notice of same
<br /> in accordance herewith.
<br /> S. Limitation of liability. NOTWITHSTANDING ANYtROVIS101% OF THIS AGREEMENT TO THE
<br /> CONTRARY, NEITHER SUPPLIER, NOR CONSULTANT, NOR ado 'rr}i»;NOR THEIR RESPECTIVE
<br /> PARTNERS, OWNERS, OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES, PARENTS, SUBSIDIARIES OR
<br /> AFFILIATES (OR THEIR RESPECTIVE PARTNERS, OWNERS, OFFICERS, DIRECTORS, CONTRACTORS, OR
<br /> EMPLOYEES), SHALL BE LIABLE OR RESPONSIBLE TO THE OTHER PARTY OR TO ITS PARENTS, PARTNERS,
<br /> OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES, CUSTOMERS,
<br /> SUCCESSORS OR ASSIGNS,OR TO ANY OF THEIR RESPECTIVE INSURERS,FOR ANY INCIDENTAL,INDIRECT,
<br /> PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, CONNECTED WITH OR RESULTING
<br /> FROM PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, OR ANYTHING DONE IN
<br /> CONNECTION HEREWITH (OTHER THAN PAYMENTS EXPRESSLY REQUIRED AND PROPERLY DUE UNDER
<br /> THIS AGREEMENT), IRRESPECTIVE OF WHETHER SUCH CLAIMS OR DAMAGES ARE BASED UPON BREACH
<br /> OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, WHETHER OF HOMEFIELD,
<br /> CONTRACTOR OR OTHERS), STRICT LIABILITY, CONTRACT, OPERATION OF LAW OR OTHERWISE, AND
<br /> REGARDLESS WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
<br /> PROVIDED HOWEVER IN NO EVENT SHALL SUPPLIER'S LIABILITY, FOR ANY REASON UNDER THIS
<br /> AGREEMENT, EXCEED THE AMOUNT PAYABLE HEREUNDER.
<br /> 9. Miscellaneous
<br /> a. Independent Contractor. The Parties agree that Consultant is not an agent or employee
<br /> of Supplier for any purpose. All expenses which are incurred by Consultant in connection with I
<br /> this Agreement shall be borne wholly and completely by Consultant. Consultant shall be
<br /> responsible for all state, federal, and local taxes, including estimated taxes and social security;
<br /> and employment reporting for Consultant or any employees or agents of Consultant.
<br /> b. CQmgliance with Laws.Permits.and License Requirements. Each Party shall,at its sole
<br /> cost and expense, comply with all federal, state and local laws applicable to it relating to this
<br /> Agreement and shall procure all applicable licenses and permits necessary for the fulfillment of
<br /> its obligations under this Agreement.
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<br /> C. Governing Law. This Agreement shall be governed by and construed in accordance with
<br /> the laws of the State of Illinois,without regard to its choice of law principles.
<br /> d. Merger of Agreement. This Agreement contains the entire understanding among the
<br /> Parties and supersedes any prior understandings and agreements between them respecting the
<br /> subject matter of this Agreement. No representations,warranties or promises have been made
<br /> or relied upon by any Party hereto other than as set forth herein. Any changes, modifications,
<br /> or additions to this Agreement shall be made by mutual agreement in writing signed by all
<br /> Parties.
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