R2011-13 AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH INTEGRYS ENERGY SERVICES

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Page 4 of 4 may be sent by facsimile, a nationally recognized overnight courier employees such notice of recording that may be required by service, first class mail, or certified mail return receipt requested. applicable law,regulation or tariff,and agrees that it will not contest Notice shall be deemed received when received on a business day the admissibility of any recording of such telephonic conversations prior to 5 p.m.at the receiving Party's address,or the next business and such recording shall constitute a "writing". The headings day if received after 5 p.m. In the absence of proof of the actual throughout this Agreement are inserted for reference purposes only, receipt date,the following presumptions will apply: notices sent by and are not to be construed or taken into account in interpreting the facsimile shall be deemed to have been received upon the sending terms and provisions of any section and are not to be deemed in any Party's receipt of its facsimile machine's confirmation of successful way to qualify, modify or explain the effects of any such term or transmission. Notice by overnight mail or courier shall be deemed provision. THIS AGREEMENT SHALL BE GOVERNED BY AND to have been received as confirmed by the courier.First class mail is CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF deemed received (5) business days after mailing. No failure by ILLINOIS. There are no third party beneficiaries to this Agreement either Party to enforce any right, obligation or remedy hereunder and none are intended. The terms, provisions or conditions of any shall operate as a waiver of any of the foregoing, or the waiver of purchase order or other business form or written authorization used any future right, obligation or remedy,whether of like or different by Buyer will have no effect on the rights, duties or obligations of character or nature. Each Party consents to the recording of the parties under, or otherwise modify, this Agreement, regardless telephonic conversations with respect to transactions under this of any failure of Seller to object to those terms, provisions or Agreement without further notice, agrees to provide to its conditions. IN WITNESS WHEREOF,the Parties have duly executed this Agreement to be effective on the day and year first written above. SELLER: INTEGRYS ENERGY SERVICES—Natural Gas,U.C. CITY OF DECATUR: BY: NAME: Richard J.Bissing BY: TITLE:Senior Vice President DATE: NAME: UPON RECEIPT OF THIS AGREEMENT SIGNED BY BUYER,SELLER SHALL REVIEW BUYER'S CREDIT INFORMATION. SELLER'S ACCEPTANCE IS CONTINGENT UPON BUYER MEETING SELLER'S TITLE: CREDITWORTHINESS STANDARDS. DATE: THIS AGREEMENT IS NOT BINDING ON SELLER UNTIL EXECUTED BY SELLER. Seller's Legal Notice Address: Buyer's Legal Notice Address: ❑if checked Invoice Address is same as Legal Notice Address Integrys Energy Services—Natural Gas,LLC City of Decatur 1716 Lawrence Drive 1 Gary K.Anderson Plaza De Pere,WI 54115 Decatur,IL 62523 ATTN:Account Management ATTN:Ron Neufeld FAX: 312-681-1993 FAX: 217-424-2717 Buyer's State of organization:IL Buyer's Form of organization:Municipality Buyer's Service Location and Invoice Address(es):®Check here to indicate that more address information for Buyer is on a separate sheet,which is attached to and made a part of this Agreement. Account Number:3004349134 Account Number:3094671053 Meter Number: Meter Number: X,27th and William St. 2707 E.William St. Decatur,IL 62523 Decatur,IL 62523 FAX: xxx-xxx-xxxx ❑if checked Invoice Address FAX: xxx-xxx-xxxx ❑if checked Invoice Address Account Number:3957505936 Account Number:5265757777 Meter Number: Meter Number: 130 N.Franklin 8 Lincoln Park Dr. Decatur,IL 62523 Decatur,IL 62523 FAX: xxx-xxx-xxxx ❑if checked Invoice Address FAX: xxx-xxx-xxxx ❑if checked Invoice Address 11.10 Ver.4.0