R-85-11 Res Approving Master Electricity Sales Agreement w/Exelon Energy Co.Resolution No. 1
A Resolution Approving Master Electricity Sales Agreement
with Exelon Energy Company
BE IT RESOLVED by the Village President and Board of Trustees of the Village of
Lemont as follows:
SECTION ONE: The Master Electricity Sales Agreement between the Village of
Lemont and Exelon Energy Company, attached as Exhibit A and incorporated in its entirety, is
hereby approved.
SECTION TWO: The Transaction Confirmation between the Village of Lemont and
Exelon Energy Company, attached as Exhibit B and incorporated in its entirety, is hereby
approved.
SECTION THREE: The Mayor and /or Village Administrator are authorized to execute
the Agreement and Confirmation, to make minor changes to the documents prior to execution
which do not materially alter the Village's obligations, and to take any other steps necessary to
carry out this resolution.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS on this '2.g day of NoVe r&bQr- , 2011.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer tf
Paul Chialdikas
Clifford Miklos tJ
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
Approving street light contract (00109320)
BRIAN K. '+ AVES
President
ATTEST:
CHARLENE M. SMOLLEN
Village Clerk
Approving street light contract (00109320)
MASTER ELECTRICITY SALES AGREEMENT
Exekn
Energy'
ThIs Master Electricity Sales Agreement ( "Master Agreement ") is entered Into as of November 28, 2011, ( "Effective Date") by and between
Village of Lemont ( "Customer") and Exolon Energy Company ( "EE ") (EE and Customer each a 'Party" and together the "Parties ").
This Master Agreement sets forth the terms and conditions which shalt be incorporated in any Transaction Confirmation ("TC") entered Into by the
Parties during the term of this Master Agreement. Any conflict between the terms and conditions of this Master Agreement and any Transaction
Confirmation shall be resolved In favor of the TC. The Master Agreement, together with any and all TCs, shall form a single, integrated agreement
among the Parties.
1. E and Customer O{►Ilaations,
EE shall sell and Customer shall purchase and receive electricity and related products and services pursuant to the terms and conditions of
this Master Agreement and any applicable TC.
2.. Term of Aarer meat
The term of this Master Agreement shall commence on the Effective Date and shall remain In effect, unless otherwise terminated as provided
in this Master Agreement.
End of Term of TC. Upon the end of the term of a TC, unless Customer and EE have executed a new TC, EE shall remove Customer and
its Facility Acoount Numbers ( "FAN ") from EE's service in accordance with the local Electric Distribution Company's ( "EDC') tariff, rules and
procedures. If for any reason the EDC does not accept the removal of Customer and Its FAN(s) from EE's service or EE Is otherwise unable
to terminate its service with Customer at the end of the Term, Customer shall continue lo purchase and receive the electricity delivered to
Customer's FAN at the following price: the real time index for the relevant EDC zone, plus Customer's allocated portion of charges for RTO
Products and Services, as that term is defined in the applicable TC, energy line losses, and any applicable taxes,,until such time as the EDC
accepts the removal of Customer and its FAN(s) from EE's service.
3, Billina and Payment.
Billing. After receiving Customer's Actual Usage for a Billing Period (each as defined In the applicable TC) from the EDC, or, if necessary,
after the use of estimates as set forth below, EE shall deliver an Invoice to Customer for each FAN EE then currently serves.
Payment. Customer shall pay EE in accordance with the Payment provisions of applicable TCs. Any amounts not paid by Customer when
due shall be deemed delinquent and shall accrue interest at the lesser of (I) 1.5% per month and (II) the maximum lawful Interest rate
(collectively, Interest Rate "). If Customer disputes any amount charged and reflected on an invoice, Customer shall nonetheless pay the
entire amount of the Invoice when due: Upon resolution of a dispute, to the extent EE and Customer agree that Customer Is entitled to a
refund, EE shall pay the agreed amount to Customer. Customer shall be responsible for and shall pay all account balances owed by
Customer to the EDC for billing periods prior to the commehcement of service under a TC. Customer shall reimburse EE for all payments
made by EE to the EDC on Customer's•behall
Taxes. Customer shall pay all federal, state and local taxes Imposed on or with respect to the purchase and receipt of electricity and related
products and services, including any taxes enacted after the Effective Date (collectively, 'Taxes "). In the event that Customer Is exempt from
any Taxes, Customer shall provide EE with an exemption certificate prior to the Issue date of Customer's first Invoice. Each Party shall
indemnify, defend and hold harmless the other Party from and against any Taxes for which the indemnifying Party is responsible.
Use of Estimates. When there is a delay in receiving Information from the EDC, Regional Transmission Organization ( "RTO") and /or other
third parties, EE will, to the extent necessary, estimate charges and credits for a Billing Period and reconcile such estimates against actual
charges and credits In a future invoice(s).
4. Adaauata Assurance.
If EE has reasonable grounds; (I) to believe that Customer's creditworthiness has become unsatisfactory; or (11) for Insecurity with respect to
the Customer's performance under this Master Agreement or any applicable TC, EE may demand, In writing, adequate assurance of future
performance from the Customer in an amount equal to two (2) times the amount of the highest monthly Exelon Energy Supply Charges for
each of Customer's accounts as reflected on Invoices delivered by EE to Customer during the twelve months immediately preceding EE's
demand ( "Adequate Assurance Amounr). To satisfy a demand for adequate assurance, Customer shall provide the Adequate Assurance
Amount by delivery to EE of a cash deposit, a standby letter of credit or a parental guaranty In form and substance, and from an entity,
reasonably satisfactory to EE. Such Adequate Assurance Amount must be delivered to EE within three (3) Business Days of the date of the
written demand for the Adequate Assurance Amount. "Business Day" means any day except a Saturday, Sunday, or a Federal Reserve Bank
holiday. A Business Day shall open a18:00 a.m. and close at 5:00 p.m. Eastem Prevailing Time.
5. vents of Default.
The occurrence or continuation of any one or more of the following shall constitute an "Event of Default":
(a) The failure by Customer to make any payment in full when required under this Master Agreement and/or any applicable TC if such failure is
not remedied within three (3) Business Days after written notice; (b) any representation or warranty made by a Party in this Master Agreement
or applicable TC is false or misleading in any material respect when made or when deemed made or repeated; (c) the failure of a Party to
perform any material covenant or obligation set forth in this Master Agreement and any applicable TC (except to the extent constituting a
separate Event of Default) if such failure Is not remedied within three (3) Business Days after written notice; (d) a Party (I) files a petition or
otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency,
reorganization or similar law, or has any such petition filed or commenced against it, (11) makes an assignment or any general arrangement for
the benefit of creditors, (Ili) otherwise becomes bankrupt or insohrent (however evidenced), (iv) has a liquidator, administrator, receiver, trustee
conservator or similar official appointed with respect to it or any substantial portion of its property or assets, or (v) is generally unable to pay its
EE Sales Rep: Page 1 of 4
MESA_v20091002
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Energy
debts as they become due: (e) a Party consolidates or merges Into or transfers all or substantially all of its assets to another entity and the
resulting transferee or surviving entity fails to assume all obligations of such Party under this Master Agreement and any applicable `TC
pursuant to.arr agreement satisfactory to the other Party; or (f) the failure of a' Customer to respond satisfactorily to a' demand' for
Adequate Assurance as required in Section :4 of this Master Agreement.
. Remedies
Upon the occ irrence of an Event of Default, by a Party ("Defaulting Party`-), the other Party (Non- Defaulting Party") shall have the right to: (1)
designate a.dete for the early lamination of the Agreement and all applloabte TC-s (Early Termination Datel. (1) withhold any payments due
to the Defaulting Potty; andtor (01) suspendi;performancetothe befaultine Party. The Non - Defaulting Party shall calcutate, in a:cohimerctaity
reasonable manner, a Terminaton Payment as-of the Early Termination .Date. As Soon 08.14 reasonably practicable, the - Non - Defaulting Party,
shall . provide notice tothe Defaulting Party of the amount of the Tarminaitan Payment. The notice shall include s,written statement explaining -
in reasonable;i etalfthe= olculattonof the Termination Payment. The Defaulting Party Shall pay he "termination Payment within five (3)
Business Days': after such notice Is effective..
If Customer lathe Defaulting Party, the Termination Payment shall be equal to the sum of (I) the: positive difference, if any, between the
Contract Price' and the Market Price, ,muttipited by the eatimated undelivered volume of electricity which the Customer would consume -from
the E_aily Termination Date through the .original term of the TC, as reasonably calculated by EE; (0) EE's Cots; and 01) any unpaid amounts
due from,Custemer to EE prior to the Early Termination Date. If Customer Is the Defaulting Patty, no Termination Payment Sheets owed by
EE to Customer.
if EE;iis the Defaulting Party, the Terrhinatian Payment shatt'be'equal to the sum of: (1) the positive difference.. if arty, between the Market Price
and the Contract: Price, murtiplied by the estimated undelivered volume of etectridty.which Customer would consume from the Early
Termination Date through the original term at the TC, as reasonably calculated by-Customer.. and (0) Customer's Costs. 11 EE lathe Defaulting
Party, no Terrination Payment Shall be owed by Customer to EE.
"Costs means;, with respect to. the Non - Defaulting, Party, brokerage fees, commissions and other similar third party: transaction costs and
expenses reasonabiy:Incurred by such Patty as a result of the Event of Default.: The ` "Contract Price" shali be the price et-electricity as set
faith in the .applicable' terminated TC. The "Market Price" shall be the price of electricity. as off the Early Termination; under terms
substantielly, similar to those of the applicable terminated Tt . The Non - Defaulting Party - may 'determine. the Market Price of a terminated
transaction by reference to Information ellher available to-It- intematly or supplied by one or more third •parties including, without limitation,
quotations (either firth of tndt ative) of relevant rates, pnoes, yields, yield curves, - volatilities, spreads or other relevant market data in relevant
markets. The Non - Defaulting Party shalt not be required to enter into a replacement transactlon:in order to determine or be entitled to a
Termination Payment.
t, Linitttitionof=Llabillty..
EXGEPTAS OTHERWISE,eXPRESSLY'SET FORTH IN THIS AGREEMENT, NEITHER EE NOR CURTOMER SHALL BE LIABLE UNDER
ANY CIRCUMSTANCE FOR SPEGtA,L, iNDURECT, EXEMPLARY; CONSEQUENTIAL, INCibENTAL, PUNITIVE .DAMAGES, LAST
PRQFITS.OR:OTHER BUSINESS" INTERRUPTION DAMAGES. BY STATUTE, IN-TORT OR Gt3NTRACT. THE PARTIES CONFIRM. THAT
THE., EXPRESS' REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS` AGREEMENT` SATISFY THE ESSENTIAL PURPOSES
HEREOF, FOR BREACH OF -ANY PROVISIOtNS'FOR *nom AN .E)XPRESS :I EMEDY OR MEASURE OF DAMAGES SHAll BE THE
SOLE" AND EXCLUSIVE REMEDY, 'THE Ot3LIGOR'S LIABILITY .SHALL BE' LIMITED AS SET FORTH IN SUCH 'PROVISION AND ALL
,OTHER REMEDIES ORDAMAGES AT LAW OR 04E000-Me WAIVED., IF NO REMEDY OR MEASURE,OF DAMAGES IS EXPRESSLY
PROVIDED `HEREIN. THE; OBLIGOR "S LIABILITY SHALL, SE LIMITED TO DIRECT ACTUAI. DAMAGES ONLY, SU:GH DIRECT ACTUAL
PAMAGI S.SHAU. SEINE SOLE- AND EXCLUSIVE REMEDY,AND ALL OTHER, DAMAGES' AT; LAW OR,iN EQUITY ARE WAIVED. EE
HAS' NO CONTROL OR 1,IABILiTY FOR MATTERS WITHIN THE CONTROL OF THE LDC OR RIO-CONTROLLED- GRID, WHICI.1
INCLUDE MAINTENANCtw.OR OPERATION OF Et,ECTRiC LINES AND SYSTEMS; _SERVICE INTERRUPTIONS, LOSS OR TERMINATION
OF SERVICE, DETERIORATION "OF ELECTRIC SERVICES, OR METER READINGS.
N�tre rte" shall assign this Master Agreement, nor any TC entered into under this Master Agreement, without the express,.wrilten consent
of the other Party, which consent shall not be unreasonably withheld.. Customer shall provide EEwwith not leas than forty -live (40) days prior
written notice -of he effective date of any proposed assignment. Customer shad cooperate with EE In coordinating with the.EP?C to transfer
,servtce°-to permitted assignees:
8 Cont'Identjpfity,
The Parties shall not disclose any of the terms of this Master Agreement or TC entered into under this Master Agreement to any third -party
.(other than a Party's employees, .attorneys and accountarlts'or the employees, attotrleys'=and accountants of a Partrs afhllates wire. have a
-need a knew -the contents_ and -Who agree to keep sutra mnfotmation confidential) except as necessary 10 comply with anytapplicable law,;
order, regulation or r ute..In.the.evente Party iv required 010 eleseany of time tennis ofthiS Master Agteement or any TC entered into under q,
tttal Pgrg! rifaq promptly notify tfta other Party of_such realest. se that the carer Party may seek an : approp 1ate.protec tive order or gther relief.
This eonfidentiallty provlston shall forever survive the termination of this.Master Agreement or any TC entered into under 11.
10. Waiver of Jury Trial.
EACH PARTY WAIVES ITS RESPECTIVE RIGHT TO ANY' JURY: TRIAL WITH RESPECT TO ANY LITIGATION ARISING UNDER` OR iN
CONNECTION \MTH'THIS MASTER AGREEMENT OR ANY TC.
EE $ales -Rep: Page 2 of 4
tvfESA_,v20091002'
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nergy`
11. ptscbimer of Warranties.
LE MAKES No WARRANTIES OF ANY KJND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE ELECTRICITY PURCHASED BY
CUSTOMER UNDER THIS AGREEMENT, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY
OTFIER MATTER, ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED.
12. Mutter! Representations.
Each party represents to the other Party, as of the date of this'Master Agreement that:
itls '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.
it has the authority and power to execute, deliver and perform its obligations under the Master Agreement and any TC.
The execration, delivery and performance of this Master Agreement and any TC have been duly authorized and do 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.
There is no pending or (to its knowledge) threatened litigation, arbitration or administrative proceeding that materially adversely affects its
ability to perform under this Master Agreement or any TC.
This Master Agreement constitutes, and any TC will constitute, a legal, valid and binding obligation of such Party, enforceable against such
Party in accordance with its terms, subject to bankruptcy, reorganization, and similar laws affecting creditors' rights generally and to
general principals of equity (regardless whether considered In a proceeding in or at law).
N4.
Any request or demand made pursuant to this Master Agreement shall be in writing and shall be delivered by regular Mali, facsimile, or
courier service to the otherr Party at the address set forth in the applicable TC. A Party may change its address for notices, requests and
demands by, providing a notice of same to the other Party in accordance herewith.
14. Chance in'L;aw.
EE play Pass through or allocate, as, the case may be, without markup, to Customer any Increase or decrease In EE's costs related to' the
electricity sold to Customer that results from the implementation of new; or changes to existing, tariffs; laws, regulations, or other requirements
or changes in administration or interpretation of tariffs, laws, regulations, or other requirements.
15. Mlseetlaneous.
This Master Agreement and any TC constitutes the entire agreement between the Parties with respect to the subject matter hereof and
supersedes .eny "and all previous agreements and understandings, oral or written, between the Parties relating to the subject matter hereof.
This Master Agreement and any may be attended oritybya writingagreed to and executed by:both Parties. No failure to exercise and no
delay in exercising by a Party of any right, remedy, power or privilege hereunder shall operate" as a waiver thereof; nor shall any Single: or .
partial exercise of any right, remedy, power, orprivtiege hereunder preeiude"anyother or further exercise thereof or the exercise;: of any right,
'remedy power or privilege. The. rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights,
remedies, powers-and privileges provided by law, This Master Agreement and any TC shall be.goverried by. and construed and enforced in
arx ortlu<nce with, the laws .of the :State of Illinois, venue shall be in "Gook"County without to such state's conflict; of
taws'prinoiples. This Master Agreement shall be considered for all purposes as prepared through the'jointt efforts of the Parties and shall not
be. construed: against one Party or the other as a result of the preparation or drafting hereof. Each Party authorizes the other-Party to:affik an
ink.or digital stamp of Ile signature to this Mester Agreement and any TG. and egrees"to be bound bye document executed in such :amanner.
This - Mesier.Agreement and anyTC "under it May be sighed In cqunterparls with the same effect as' if the signatures:te each counterpart were
upon a stngle instrument. Delivery of an executed counterpart "of'a; signature page 'of this Master Agreement :or any TC" by facsimile or
electronic malt transMisslon shall be effective as, delivery of a manually executed counterpart of this Master Agreement or any TC, The
' headings used herein are fortorivernence and reference, purposes 'only, The Part* acknowledge that"ihls Master Agreement and any TC
under It conatittttet a "forward contract" as defined by the United States Bankruptcy Code. Should any provision Of this Master or
any be. held to be`lnvalid or unenforceable, such provision shall be Invalid' and unenforceable only to -the 'extern of such Invalidity or
unenforceabgity, without invalidating or rendering unenforceable any other provision, Customer shall execute any and all agreements,
documents and forms reasonably required by EE and Customer's EDC';10 enable.the EDC:to provide distribution services to Customer arid to
enable Customer purchase' electricity from EE.
16. EE agrees toy furnish all documentation related to dais Agreement and any documentation related to the
Customer in EE's possession, as required under an Illinois Freedom of lnfortnation Act (1LCS "1'4011 et. seq.)
( "FWTA ") request Within five (5) days: after Customer issues notice of such request to EE. EE agrees to defend,
indemnify and hold harmless the Customer, and agrees to pay all reasonable costs connected therewith
(including, but not limited to reasonable attorney's and witness fees, filing fees and any other expenses) for the
Customer to defend any and all,causes, actions, eauses of action, disputes, prosecutions, or conflicts arising
from EE's, actual or alleged violation of the FOIA or EE's failure to furnish all documentation related to a
request within five (5) days after Village issues notice of a request.
BE Sales Rep: Page 3 of 4
tvi $A, v20091002
Exekn
Energy°
Furthermore, should EE request that Customer utilize a lawful exemption under FOIA in relation to any FOIA
request thereby denying that request, EE agrees to pay all costs connected therewith (such as reasonable
attorneys' and witness fees, filing fees and any other expenses) to defend the denial of the request. The defense
shall include, but not be limited to, challenged or appealed denials of FOIA requests to either the Illinois
Attorney General or a court of competent jurisdiction. EE agrees to defend, indemnify and hold harmless the
Customer and agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees, filing
fees and any other expenses) to defend any denial of a FOIA request by EE's request to utilize a lawful
exemption to the Customer.
IN WITNESS WHEREOF. the Parties have executed this Agreement as of the date first set forth above.
SELLER: EXELON ENERGY COMPANY CUSTOME - ; VILLAGE OF LEMONT
Charles J. Hanna
By (°"""" 2011.11.30
Title :Director - RetailSales 13:38:52 - 05'00'
Print Name. x ✓4C..
Title:
EE Sales Rep: Page 4 of 4
MSSA_v20091002
TRANSACTION CONFIRMATION - FULL REQUIREMENTS ELECTRIC - ATC
Exelon
Energy
Customer Name: Village of Lemont
Facility Account Number: See Schedule 1
This Transaction Confirmation ("TC ") is part of and incorporates the terms and conditions of the Master Electricity Sales
Agreement ("Master Agreement ") between the Customer ( "Customer") and Exelon Energy Company ( "Exelon Energy ").
The Master Agreement together with this and all TCs shall form a single, integrated agreement among the Parties.
PURCHASE AND SALE OBLIGATIONS. Exelon Energy agrees to provide and sell, and Customer agrees to receive and
purchase from Exelon Energy, one hundred percent (100 %) of Customer's retail energy usage for the Pricing Periods
associated with the Facility Account Numbers (each referred to as a "FAN ") set forth in the attached Schedule 1.
Accordingly, for each FAN, Customer will be obligated to pay to Exelon Energy the Energy Charge, RTO Charge, Energy
Line Loss Charge, and Taxes.
TERM OF PURCHASE AND SALE OBLIGATIONS. Provision of the products and services contemplated herein with
respect to each FAN shall begin with each applicable Beginning Meter Reading and continue through the applicable Ending
Meter Reading, both of which are set forth in Schedule 1.
DEFINITIONS. All capitalized terms used but not defined in this Transaction Confirmation shall have the meaning ascribed
to them in the Master Agreement.
"Actual Usage" means the energy usage associated with a FAN, at the meter and as determined by the EDC.
"Beginning Meter Reading" means the first meter reading date for a FAN.
"Billing Period" shall mean the period of time between successive EDC meter readings.
"Ending Meter Reading" means the last meter reading date for a FAN.
"EPT" shall mean eastern prevailing time.
"Energy Charge" shall be the sum of the Hourly Energy Charges for the applicable Billing Period.
"Energy Line Loss Charge" shall be the product of the Fixed Energy Price, and the Line Loss. Percentage imposed by the
relevant EDC tariff and /or RTO, as applicable and FAN's usage.
"Hourly Energy Charge" shall mean the product of the Actual Usage in that hour and the applicable Energy Price as set
forth below,
"Line Loss Percentage" shall mean the EDC determined transmission and distribution loss factor for the FAN minus any
applicable RTO determined EDC loss de- ration factor.
"Pricing Period" shall mean the period from the Beginning Meter Reading through the Ending Meter Reading.
"RTO" shall mean the FERC - regulated regional transmission operator or independent system operator in which the
Customer's EDC is located
"RTO Charge" shall be the charge for RTO Products and Services.
Sales Rep Name:
EPHID:
Page 1 of 3
TRANSACTION CONFIRMATION - FULL REQUIREMENTS ELECTRIC - ATC
Exekn
°RTO Products and Services" means the portion, associated with the provision of retail electricity to the Cut,�the
wholesale products and services that the RTO or the EDC requires Exelon Energy to procure to serve all of Exelon
Energy's retail customers,
BILLING AND PAYMENT. Exelon Energy Single Bill Billing. Such invoice will include: Energy Charges, RTO Charges,
Energy Line Loss Charges, EDC charges, and Taxes as specified in the Master Agreement and herein. Notwithstanding
Customer s election to receive a single invoice Exelon Energy may switch Customer to an invoice which shall not Include
the EDC charge if Customer owes any amounts to the EDC prior to the commencement of service by Exelon Energy to
Customer under this TC or failure to perform any covenant or obligation set forth in the Agreement and any related TG.
Exelon Energy will invoice Customer separately for each FAN, and Customer will pay Exelon Energy within the number of
days from Customer's invoice set forth in the column entitled "Payment Term" in Schedule 1.
EXELON ENERGY COMPANY
NOT ICES AND CORRESPONDENCE, PARCEL. DELIVER; ES
CUSTOMER
NOTICES AND CORRESPONDENCE, PAR Dtif.UVERIES:
Exelon Energy Company
Attn: Contract Administrator
300 Exelon Way
Kennett Square, PA 19348
With a copy to:
Exelon Business Services Company
Attn: Legal Department
300 Exelon Way
Kennett Square, PA 19348
Village of Lemont
George Schafer, Assistant Village Manager
428 Main Street
Lemont, IL 60439 -3708
Fax No: 630 -267 -1598
With a copy to:
Village Attorney
Jeffrey M. Stein
22 S. Washington
Park Ridge, IL 60068
BILLING AND STATEMENTS (IF DIFFERENT]
BILLING AND STATEMENTS (IF 'DIFF'ERENT)
(as indicated on invoice)
ENERGY CHARGE. Customer shall pay Exelon Energy the Energy charge
•
set forth in Schedule 1 shall be used to determine the Energy Charge.
defined above.
FIXED RTO CHARGE, Customer shall pay Exelon Energy the RTO Charge as defined above,
forth in Schedule 1 shall be used to determine the RTO Charge.
LINE LOSS PERCENTAGE. See Schedule 1,
The Fixed Energy Prices
The Fixed RTO Price set
Sales Rep Name:
EPHID:
Page 2 W 3
TRANSACTION CONFIRMATION - FULL REQUIREMENTS ELECTRIC - ATC
Exekn
Energy
MISCELLANEOUS. Any alleged conflict or inconsistency between the terms and conditions of this Transaction
Confirmation and any of the terms and conditions of the Master Agreement shall be resolved in favor of the terms and
conditions of this Transaction Confirmation. Fax copies of executed original copies of this Transaction Confirmation shall
be sufficient and admissible evidence of the content and existence of the agreements set forth herein to the same extent as
the executed original (or originals if executed in counterparts).
The parties have caused this Transaction Confirmation to be duly executed as of the date first above written.
SELLER: EXELON ENERGY COMPANY GUSTO M ;r. VILLAGE OF LEMONT
Charles J.
A.. Hanna
2011.11.30
13:38:28 - 05'00'
By: l
Title: Director — Retail Sales
By
Print Name � e-t
Title: IN ( ` 1\4U42—
Date: //^ 2-13— //
Sales Rep Name:
EPHID:
Page 3 of 3 .
Exelon Energy
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