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ARTICLE 1 <br /> GENERAL REQUIREMENTS <br /> 1.1 Governmental Aggregator Obligations and Authority. <br /> 1.1.1 The Governmental Aggregator: (1) shall take all necessary action as required by 20 ILCS <br /> 3855/1-92 to develop, adopt and maintain an Aggregation Program for all applicable residential <br /> and small commercial retail customers, within its boundaries (the "Aggregation Area") that the <br /> Governmental Aggregator has determined are eligible to participate in the Aggregation Program <br /> ("Eligible Customers"); (2) shall request the names and addresses of Eligible Customers from the <br /> electric utility that provides residential and small commercial retail electric service in the <br /> Aggregation Area(the "Electric Utility"); (3) shall hold and publish notice of any required public <br /> meetings regarding the Aggregation Program; and (4) hereby authorizes FES to contract for <br /> Retail Electric Supply with those Eligible Customers that do not opt-out of the Aggregation <br /> Program, rescind their switch to FES as part of their enrollment in the Aggregation Program, <br /> otherwise terminate their participation in the Aggregation Program, or have their participation <br /> terminated by the Governmental Aggregator, or their Retail Electric Supply terminated by FES <br /> or the Electric Utility("Aggregation Program Customer"or"Participating Customer"). <br /> 1.1.2 The Governmental Aggregator shall, on a best efforts basis and in a timely manner, <br /> forward to FES all notices from the Electric Utility concerning Participating Customers' <br /> accounts served pursuant to this Agreement, including but not limited to verbal or written notices <br /> regarding transition costs, changes in the terms and conditions of tariffs, rates or riders, and <br /> notices concerning the operation and reliability of the Electric Utility's system. <br /> 1.1.3 Governmental Aggregator has the authority to designate, and has designated FES as its <br /> ARES for the Eligible Customers for the Term of this Agreement. <br /> 1.1.4 During the Term of this Agreement, the Governmental Aggregator hereby grants FES <br /> the exclusive rights to provide Retail Electric Supply to the Eligible Customers. <br /> 1.1.5 Customer Data and Load Forecast Information. FES and Governmental Aggregator <br /> shall cooperate to obtain the consent of Participating Customers to obtain all available Eligible <br /> Customers' data and historical load and load forecast information, related to the Participating <br /> Customer's load and consumption, from any entity in possession of such data, subject to the <br /> limitations on disclosure of customer information described in Section 16-122 of the Public <br /> Utilities Act and Section 2HH of the Consumer Fraud and Deceptive Business Practices Act and <br /> any other applicable laws or regulations. Additional costs for Participating Customer(s)that are <br /> interval metered shall be borne by the Participating Customer(s). <br /> 1.1.6 Service Inquiries and Service Notices to Customer. Participating Customers may <br /> direct inquiries regarding this Agreement, and Retail Electric Supply provided hereunder, and <br /> any electric generation supply or billing questions, to FES at the address and phone number <br /> provided in Section 11.1, which address and phone number shall be provided in communications <br /> with Participating Customers regarding the Aggregation Program. Participating Customers <br /> should direct inquiries concerning Electric Utility related emergency, power outage, wire or <br /> service maintenance, metering, Electric Utility service billing or other similar Electric Utility <br /> related concerns to the Electric Utility. <br /> 3 <br />