Amendment to the Electric Aggregation Program AgreementFIRST AMENDMENT TO
AGGREGATION PROGRAM AGREEMENT
THIS FIRST AMENDMENT TO AGGREGATION PROGRAM AGREEMENT ("First
Amendment") is made as of this 22 day of August, 2018 ("Effective Date"), by and between
DYNEGY ENERGY SERVICES, LLC ("Vendor"), and the VILLAGE OF OAK BROOK,
ILLINOIS ("Village").
RECITALS
WHEREAS, Vendor and the Village entered into a certain Aggregation Program
Agreement dated June 14, 2017 ("Agreement"), pursuant to which, the Village agreed to obtain
from Vendor, and Vendor agreed to provide the Village, certain Services, as that term is defined
in the Agreement; and
WHEREAS, pursuant to Article 3.A of the Agreement, the Parties may extend the
Agreement's term by written mutual agreement; and
WHEREAS, the Parties now desire to extend the term of the Agreement for thirty six (36)
months pursuant to the terms of this First Amendment and to amend the introductory paragraph of
the Agreement.
NOW THEREFORE, for and in consideration of the recitals set forth above and other
good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
I . Recitals Incorporated. The foregoing recitals are incorporated as though fully set
forth in this Section 1.
2. Construction. Capitalized terms used herein but not otherwise defined shall have
the meaning ascribed to such terms in the Agreement.
3. Introduction. The first paragraph of the Agreement shall be amended deleting the
first sentence in its entirety and replacing it with the following:
"This Aggregation Program Agreement is entered into this 14th day of June, 2017
("Agreement") by and between the Village of Oak Brook ("Village"), an Illinois municipal
corporation, and Dynegy Energy Services, LLC ("Vendor"), a Delaware limited liability company
with an office located at 1500 Eastport Plaza Dr., Collinsville, IL 62234."
3. Extension of Term. The term of the Agreement is hereby extended for a period
commencing with the October, 2018 meter read dates and ending with the October, 2021 meter
read dates for Aggregation Members at the price of $0.07115 per kWh ("Extension Term"), unless
sooner terminated in accordance with the terms of the Agreement. The Extension Term shall be
on the same terms and conditions contained in the Agreement, except as expressly set forth herein.
4. Full Force and Effect. Except as specifically modified herein, all other terms and
conditions of the Agreement shall remain in full force and effect and are hereby ratified and
confirmed.
5. Inconsistencies. In the event of inconsistencies between the Agreement and this
First Amendment, this First Amendment will control.
6. Sienatures. This First Amendment may be executed in several counterparts, each
of which shall be deemed to be an original but all of which together shall constitute one and the
same instrument. This First Amendment may be executed via e-mail or facsimile transmission
and all PDF (or similar electronic format) or facsimile signatures shall be deemed originals for all
purposes.
[SIGNATURE PAGE FOLLOWS)
IN WITNESS WHEREOF, Vendor and the Village have respectively executed this First
Amendment to be effective as of the date first above written.
ATTEST:
VILLAGE OF OAK BROOK
By: on
Its: Village Clerk By:
Its: MVillage Manager
ATTEST:
By: 4trM,F N hl 23. Meet
Its:Manager Municipal Aggregation
4828-5375-8576, v. I
DYNEGY ENERGY SERVICES, LLC
By:�' Y
Its: Senior Director