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

Home Browse Search

H - ,,.VEF1ELD E N E R G Y P. Subc ntra t r . Homefield agrees to employ only those subcontractors that it determines are reasonably necessary. Subcontractors shall be held to the same strict confidentiality standards applicable to Homefield, and shall be required to otherwise comply with the requirements of this Agreement. The use of subcontractors whether approved or unapproved shall not relieve Homefield from the duties, terms and conditions in this Agreement.For purposes of this Agreement, regional transmission organizations, independent system operators, local utilities, and renewable energy certificate counterparties are not considered subcontractors. ARTICLE 9: REPRESENTATIONS AND WARRANTIES A. Mutual Representations and Warranties. Each Party represents and warrants to the other Party, as of the date of this Agreement, that: 1. It is duly organized and validly existing under the laws of the jurisdiction of its organization or incorporation, and if relevant under such laws, in good standing; 2. It has the corporate, governmental and/or other legal capacity, authority and power to execute, deliver and enter into this Agreement and any other related documents, and perform its obligations under this Agreement,; 3. The execution, delivery and performance of this Agreement does not violate or conflict with any law applicable to it, any provision of its constitutional documents, any order or judgment of any court or other agency of government applicable to it or any of its assets or any contractual restriction binding on or affecting it or any of its assets; 4. It has reviewed and understands this Agreement and has independently assessed the merits of this Agreement; 5. It shall comply with all federal, state, and local laws, regulations, licensing, and disclosure requirements. G. It shall maintain the confidentiality of Aggregation Members' account information, as required by 815 ILCS 505/2HH; B. Additional Representations by Homefield. Homefield hereby further represents to Aggregator, as of the date of this Agreement, that: 1. Homefield shall hold any and all subcontractors to the Confidentiality provision set forth below; 2. Homefield shall obtain and maintain, for the duration of this Agreement, such proof of insurance as Aggregator deems necessary; 3. Homefield shall deliver or cause to be delivered all electricity supplied by Homefield to each Member to the appropriate node locations to effect delivery to the Point of Delivery; and 14