R2012-194 AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE LOWEST RESPONSIBLE BIDDER FOR THE SUPPLY OF ELECTRICITY

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R . 'IMEFIELD E N E R G Y h. Enrollment and Disenrollment Charges. Homefield shall not assess any enrollment, switching, or relocation fees on Aggregation Members. Customers may terminate services from Homefield without penalty if they relocate outside of the Aggregator's governmental boundary. Members who did not opt-out of the Aggregation Program during the opt-out period and who later leave the Aggregation Program for other reasons may be assessed an early termination fee of$25. i. Enrollment in Homefield Programs. Homefield agrees not to solicit or contract with Aggregation Program Members outside the Aggregation Program and agrees not to use Aggregation Program Member data and information for any other marketing purposes without written consent from the Aggregator. Nothing herein shall prevent Homefield from soliciting and entering into agreements with retail customers for the supply and delivery of electricity who have not enrolled in the Aggregation Program or who have opted-out. Aggregator recognizes Homefield may have affinity programs or other opportunities to sell and delivery to retail customers located in Aggregator's jurisdiction, and this Agreement does not to bar such actions by Homefield. C. Cooperation at the Conclusion of the Aggregation. Aggregator shall request and Homefield shall provide, if legally permissible, from the Utility, those account numbers, names, and addresses of residential and small commercial retail customers in the aggregate area that are reflected in the Utility's records that may be needed to continue the Program with another ARES. Homefield has no obligation to request such information on behalf of Aggregator or ARES. 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. 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 9