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H '" ,1MERELD <br /> E N E R G Y <br /> next business day after delivery to such express service, addressed to the intended recipient at its address set <br /> forth in this Agreement. The address of a Party to which notices or other communications shall be mailed may <br /> be changed from time to time by giving written notice to the other Party. <br /> F. Waivers. The failure of either Party to insist upon strict performance of such requirements or provisions <br /> or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment of such <br /> requirements, provisions or rights. Nothing in this Agreement shall be construed as a waiver of any rights, <br /> substantive or procedural, that Aggregator may have under Federal or state law unless such waiver is expressly <br /> stated herein. <br /> G. Applicable Law and Choice of Venue. This Agreement shall be governed by, construed and enforced <br /> in accordance with the laws of the State of Illinois, without regard to principles of conflict of laws. Except as to <br /> any matter within the jurisdiction of the ICC, all judicial actions relating to any interpretation, enforcement, <br /> dispute resolution or any other aspect of this Agreement shall be brought in a Circuit Court of the State of <br /> Illinois. Any matter brought pursuant to the jurisdiction of the federal court shall be brought in the United States <br /> District Court of the Central District of Illinois. <br /> H. Exhibits. Exhibits attached to this Agreement are, by this reference, incorporated into and made part of <br /> this Agreement. <br /> I. Controlling Provisions. In the event of any inconsistency between the text of this Agreement and the <br /> terms of the Exhibits hereto, the text of the Exhibits shall control. <br /> J. Severability. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction <br /> shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without <br /> invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other <br /> jurisdiction. The non-enforcement of any provision by either Party shall not constitute a waiver of that provision <br /> nor shall it affect the enforceability of that provision or the remainder of this Agreement. <br /> K. No Third-Party Beneficiaries. Nothing in this Agreement is intended to confer third-party beneficiary <br /> status on any person, individual, corporation or member of the public to enforce the terms of this Agreement. <br /> L. Validity of Aareement. The Parties acknowledge and agree in good faith on the validity of the <br /> provisions, terms and conditions of this Agreement, in their entirety, and each Party expressly warrants that it <br /> has the power and authority to enter into the provisions, terms, and conditions of this Agreement. <br /> M. Authority to Sian Agreement. Homefield warrants to Aggregator that it is authorized to execute, deliver <br /> and perform this Agreement. The individual signing this Agreement on behalf of Homefield warrants to <br /> Aggregator that he is authorized to execute this Agreement in the name of Homefield. Aggregator warrants to <br /> Homefield that it has authority to execute, deliver and perform this Agreement. <br /> N. Bindina Effect. This Agreement shall inure to the benefit of, and be binding upon, Aggregator and <br /> Homefield and their respective successors, grantees, lessees, and assigns throughout the Term of this <br /> Agreement. <br /> O. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be <br /> deemed an original, but all of which shall together constitute one instrument. <br /> 13 <br />