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H MEFIELD <br /> E N E R G Y <br /> B. Insurance. Contemporaneous with the Homefield's execution of this Agreement, Homefield shall <br /> provide certificates of insurance upon request. <br /> C. Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, IN NO <br /> EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER THIS CONTRACT FOR <br /> INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES CONNECTED WITH OR RESULTING <br /> FROM PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER <br /> SUCH CLAIMS ARE BASED UPON BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE OF ANY <br /> DEGREE), STRICT LIABILITY, CONTRACT, OPERATION OF LAW OR OTHERWISE. <br /> D. Disclaimer. HOMEFIELD DOES NOT WARRANT OR GUARANTEE THE UNINTERRUPTED <br /> DELIVERY OF RETAIL ELECTRIC SUPPLY TO AGGREGATION PROGRAM MEMBERS DURING FORCE <br /> MAJEURE EVENTS. HOMEFIELD WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE <br /> OPERATIONS OF THE UTILITY, INCLUDING BUT NOT LIMITED TO THE INTERRUPTION TERMINATION <br /> FAILURE TO DELIVER, OR DETERIORATION OF UTILITY'S TRANSMISSION OR DISTRIBUTION <br /> SERVICE. EXCEPT AS MAY BE SPECIFICALLY PROVIDED HEREIN NO IMPLIED WARRANTIES OF ANY <br /> KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A <br /> PARTICULAR PURPOSE SHALL BE APPLICABLE THIS AGREEMENT. <br /> ARTICLE 8: MISCELLANEOUS <br /> A. Entire Agreement. This Agreement, including all Exhibits, constitutes the entire Agreement and <br /> understanding between the Parties with respect to the Services, which are included herein. All prior written and <br /> verbal agreements and representations with respect to these Services are merged into and superseded by this <br /> agreement. <br /> B. Amendment. All amendments or modifications to this Agreement shall be made in writing and signed <br /> by both Parties before they become effective. <br /> C. Ownership of Data and Documents. All data and information, regardless of its format, developed or <br /> obtained under this Agreement ("Data"), other than Homefield's confidential information, will be and remain the <br /> sole properties of Aggregator. Homefield must promptly deliver all Data to Aggregator at Aggregator's request. <br /> Homefield is responsible for the care and protection of the Data until that delivery. Homefield may retain one <br /> copy of the Data for Homefield's records subject to the Homefield's continued compliance with the provisions of <br /> this Agreement. Upon expiration of the Agreement, Homefield shall provide Aggregator with an electronic copy <br /> of data defined in Article 5(1) (c) at no cost to Aggregator. <br /> D. Assignment. This Agreement shall not be transferred or assigned by either Party without the express <br /> authorization of the other Party, which shall not be unreasonably withheld, provided, however, that upon <br /> advance written notice to Aggregator, Homefield may assign this Agreement to an Affiliate without the express <br /> authorization of Aggregator, provided that Homefield remains liable for Homefield's obligations hereunder. <br /> E. Notices, Any notices, requests or demands regarding the services provided under this Agreement and <br /> the Attachments shall be deemed to be properly given or made (i) if by hand delivery, on the day and at the time <br /> on which delivered to the intended recipient at its address set forth in this Agreement; (ii) if sent by U.S. Postal <br /> Service mail certified or registered mail, postage prepaid, return receipt requested, addressed to the intended <br /> recipient, from the date of postmark; or (iii) if by Federal Express or other reputable express mail service, on the <br /> 12 <br />