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ANONYMOUS DATA AGREEMENT This Anonymous Data Agreement (this (ComEd)

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ANONYMOUS DATA AGREEMENT
This Anonymous Data Agreement (this “Agreement”) is entered into as of the last date
set forth on the signature pages hereof (the “Effective Date”) by and between Commonwealth
Edison Company (“ComEd”) and __________________________________an
_________________________________________ (the “Investigator”) regarding the use by
Investigator of certain anonymous customer energy usage or other anonymous data (as further
defined on Exhibit A, the “Anonymous Data”).
1. PROVISION OF DATA: Subject to the terms and conditions of this Agreement,
ComEd shall provide to the Investigator the Anonymous Data product selected in Exhibit A.
2. FEES. Subject to the terms and conditions of this Agreement, Investigator agrees to pay
ComEd the associated fee for the data product selected in Exhibit A within thirty (30) days of
receipt of invoice
3. USE OF DATA: Investigator acknowledges that the Anonymous Data is provided in
accordance with the approval given by the Illinois Commerce Commission in Docket No.
13-0506 to provide anonymized customer information. The Investigator shall: (a) not attempt
to reverse engineer the Anonymous Data nor in any way attempt to re-identify the
customer account holders whose de-identified data makes up the Anonymous Data; (b) not
share with, or disclose the Anonymous Data to any third parties, provided, however,
Investigator may disclose the Anonymous Data to those of its officers, directors, employees and
contractors who it informs of the use limitations under this Agreement and need to know such
information for the purpose of aiding Investigator in connection with its evaluation of the
Anonymous Data; (c) be responsible for the actions of any such officers, directors,
employees and contractors and their compliance with this Agreement; and (d) promptly delete
and notify ComEd of any customer identifying information that Investigator discovers is
contained in the Anonymous Data (the foregoing obligations in clauses (a) through
(d) hereof, collectively, “Investigator’s Obligations”). Notwithstanding the foregoing or
anything to the contrary in this Agreement, ComEd agrees that the Investigator, its principals
and co-authors may publish results or findings based on their use of the Anonymous Data in
a paper in a peer-reviewed journal or as an academic working paper. Investigator agrees
to provide ComEd a copy of the paper for informational purposes only prior to its
publication.
4. NO REPRESENTATION OR WARRANTY: The Investigator acknowledges and
agrees that the Anonymous Data is provided on an “as is” basis. ComEd makes no
representations or warranties, express or implied, regarding the content, quality, accuracy, or
fitness for any particular purpose of the Anonymous Data.
5. LIMITATION OF LIABILITY: IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT COMED SHALL HAVE NO LIABILITY UNDER ANY CIRCUMSTANCES OR ANY
LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS ARISING OUT OF
OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE
PROVISION OF THE ANONYMOUS DATA UNDER THIS AGREEMENT OR ANY USE
1
FOR ANY PURPOSE OF THAT ANONYMOUS DATA, EVEN IF COMED HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY
LIMITED REMEDY.
6. RELIEF: The Investigator understands that a breach by the Investigator of any of
Investigator’s Obligations hereunder may cause ComEd damage which may not readily be
remedied by an action at law. Any such breach shall, therefore, entitle ComEd to equitable
remedies (without the necessity of posting a bond), costs and attorneys’ fees in addition to any
other rights provided for herein or by law. The right to recover any monetary damages shall be
limited to actual damages incurred by ComEd.
7. MISCELLANEOUS PROVISIONS:
(a) This Agreement, including Exhibit A, contains the full and complete
understanding and agreement between the parties with respect to the within subject matter, and
supersedes all other agreements between the parties, whether written or oral, relating thereto, and
may not be modified or amended except by written instrument executed by both of the parties
hereto.
(b) A waiver by either party of any of the terms and conditions of this Agreement in
any instance must be in writing and shall not be deemed or construed to be a waiver of such term
or condition for the future or of any subsequent breach thereof.
(c) The parties agree that in the event of any dispute arising hereunder, such dispute
shall be governed under the internal laws of the state of Illinois. The parties further agree to be
subject to the jurisdiction of the federal or state courts sitting in Cook County, Illinois and that
service of process in any litigation may be served upon them by registered, U.S. Mail (postage
prepaid) to their address set forth below (or to such other address as a party shall have provided
written notice to the other party).
(d) This Agreement shall become binding when each party has executed a counterpart
of this Agreement and delivered that counterpart to the other party. Counterparts may be
delivered by facsimile transmission or pdf attachment to e-mail, and any counterpart(s) so
delivered shall be deemed to constitute signed original counterparts and shall bind the parties
signing and delivering in such manner.
(e) Notwithstanding anything to the contrary in this Agreement: Anonymous Data
shall not include information that: (i) becomes generally available to the public, without violation
of any of Investigator’s Obligations; (ii) becomes available to Investigator from a third party on a
non-confidential basis not in breach of such third party's contractual, legal or other duty of
confidentiality; or (iii) is already in the possession of Investigator or which Investigator
independently developed or acquired prior to the date hereof.
2
IN WITNESS WHEREOF the duly authorized representatives of the parties have executed this
Agreement by their signatures, below.
[Investigator]
By: _______________________________
Printed Name: ____________________________________
Title: __________________________________________
Date: _______________________________
Address for notices:
with a copy to:
COMMONWEALTH EDISON COMPANY
By: _______________________________
Printed Name: _______________________
Title: _______________________________
Date: _______________________________
Address for notices:
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ANONYMOUS DATA AGREEMENT This Anonymous Data Agreement (this (ComEd)

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Completed 22 July 2021

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