Legal

Copyright and Use of Information

All information and content (“Materials”) on this website and any intellectual property rights embodied therein are the property of MWG or its information providers. Unless otherwise stated herein, none of the Materials on this website may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of MWG or the original copyright holder.

You may display and print Materials available on this website solely for your personal, non-commercial use, provided that you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. Unauthorized use of Materials contained on this site is expressly prohibited by law, and may result in severe civil and criminal penalties.

Elements of this website, including but not limited to its design and layout, are protected by trade dress and other laws and may not be copied or imitated, in whole or in part. No logo, graphic, video, sound or image from this website may be copied or retransmitted unless expressly permitted by MWG.

MWG or its suppliers may provide software for download on the website. Use of software provided on the website is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software. You may not install or use any software that contains an end user license agreement unless you first agree to the terms of the end user license agreement.

User Submissions

This Site may now or in the future permit the submission of images, videos or communications by you and other users (“User Submissions”) and the hosting, sharing and/or publishing of such User Submissions including through blogs. You understand and agree that whether or not such User Submissions are published, MWG does NOT guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them and agree that any content (images, videos, communications, etc.) you share with or post to MWG is subject to these Terms. In connection with User Submissions, you affirm, represent and/or warrant that: (i) you own or have the necessary licenses to use and authorize MWG to use all intellectual property rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable person in the User Submission to use the name or likeness of each and every such identifiable individual person on the Site and according to these Terms. For clarity, you obtain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the Site and in connection with the business of MWG, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms.

You shall not (i) restrict or inhibit any User from using and enjoying the Site; (ii) engage in spamming or flooding; and/or (iii) attempt to gain unauthorized access to other computer systems through this Site.

You agree that MWG retains the right to monitor any content through the Site and disclose any information as necessary or appropriate to satisfy any law, regulation or governmental request, to operate the Site properly, or to protect ourselves or our Users.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the User Submissions and to grant MWG all of the license rights granted herein, (ii) submit material that is unlawful, defamatory, obscene, libelous, pornographic, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iii) publish falsehoods or misrepresentations that could harm MWG or any third party or impersonate another person; or (iv) post advertisements or solicitations of business.

MWG reserves the right to decide whether any material or User Submission is appropriate and complies with these Terms and/or violates any intellectual property law. MWG may remove any such User Submissions, in whole or in part, and/or terminate a User’s access for uploading such material in violation of these Terms at any time without prior notice and at its sole discretion.

No Endorsements

MWG does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MWG expressly disclaims any and all liability in connection with any User Submissions.

Digital Millennium Copyright Act (DMCA)

MWG respects the intellectual property of others, and requires that the users of the Site do the same. If you believe that any User Submission or any Material has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent including: (i) your name, address, telephone number and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf (see 17 USC 512 (c)(3) for further detail).

The MWG Designated Agent to receive notifications of claimed infringement is: Office of the General Counsel, Midwest Generation LLC, 804 Carnegie Center, Princeton, New Jersey 08540.

Counter Notice – If you believe that your User Submission was removed (or to which access was disabled) and is not infringing, or that you have the authorization from the copyright owner or agent, or pursuant to the law, to post and use the material in your User Submission, you may send a Counter Notice including the following information to the MWG Designated Agent: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement by you that you have a good faith belief that the content was a result of mistake or misidentification of the content; (iv) your name, address, telephone number and email address; (v) a statement that you consent to the jurisdiction of New York; and (vi) a statement that you will accept service of process from the person who provided the notification of the alleged infringement. If a Counter Notice is received by the Designated Agent, the Designated Agent may send a copy of the Counter Notice to the original complaining party.

For clarity, only DMCA Notices should go to the MWG Designated Agent; any other feedback, comments, requests for technical support and other communications should be directed to MWG investor relations at 609-524-4500.

Liability Restrictions

While MWG makes reasonable efforts to insure that all material on this website is correct, accuracy cannot be guaranteed. MWG makes no representations or warranties as to the accuracy or completeness of the information contained in this website, results obtained from the use of this website, or interruptions in the availability of this website. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that MWG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You agree to waive any legal or equitable rights or remedies you have or may have against MWG with respect thereto.

THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. EVEN IF MWG HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, MWG AND/OR ITS SUPPLIERS DISCLAIM ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING FROM OR BECAUSE OF INACCURACIES OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS WEBSITE, OR IN ANY WEBSITE LINKED TO OR FROM THIS WEBSITE. MWG AND/OR ITS SUPPLIERS FURTHER DISCLAIM ANY LIABILITY ARISING FROM THE USE OF ANY MATERIALS ON THIS WEBSITE, INCLUDING ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY OR LOSS OF DATA ARISING FROM ANY USE OF THE MATERIALS OR THIS WEBSITE.

Some states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

Trademarks

The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on this website are registered and unregistered marks of MWG and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. MWG aggressively enforces its intellectual property rights to the fullest extent of the law. MWG’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without our prior, written permission.

Third Party Links

This website contains links to other websites. MWG is not responsible for the content of such websites including any changes or updates that are made to the linked website or the accuracy or completeness of the information provided on those websites. MWG provides the links as a convenience to you and the existence of the links on this website does not imply that MWG approves of or is affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with MWG. MWG does not vouch for those persons, companies, or other organizations whose goods or services may be accessed or displayed through or on the website.

Modifications

MWG reserves the right to modify the information contained on this website or these Terms at any time without notice. You are responsible for reviewing these Terms on this website.

Accessing this website after any changes to these Terms have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in these Terms. If you reject any changes in these Terms, please discontinue use of the website immediately. Unless specifically stated otherwise, any new features, products or services added to the website shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use.

Submitted Information

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to MWG by you through this website, including but not limited to intellectual property related thereto, will be treated as non-confidential and non-proprietary and MWG may, without compensation, copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. MWG is under no obligation to post or use any submission you may provide, and MWG may remove any submission at any time in its sole discretion. Notwithstanding the foregoing, all personal data provided to MWG will be handled in accordance with our Privacy Statement. You are prohibited from posting or transmitting to or from this website any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.

Restriction, Suspension and Termination

MWG may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you with respect to your breach of these Terms. We may also remove the Site as a whole or any sections or features of the Site at any time without notice. You agree that MWG shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature of the Site.

Forward-Looking Statements

The Site contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These statements involve estimates, expectations, projections, goals, assumptions, known and unknown risks and uncertainties and can typically be identified by terminology such as “may,” “should,” “could,” “objective,” “projection,” “forecast,” “goal,” “guidance,” “outlook,” “expect,” “intend,” “seek,” “plan,” “think,” “anticipate,” “estimate,” “predict,” “target,” “potential” or “continue” or the negative of these terms or other comparable terminology. Such forward-looking statements include, but are not limited to, statements about MWG’s future revenues, income, indebtedness, capital structure, plans, expectations, objectives, projected financial performance and/or business results and other future events, and views of economic and market conditions.

Although MWG believes that its expectations are reasonable, it can give no assurance that these expectations will prove to have been correct, and actual results may vary materially. Factors that could cause actual results to differ materially from those contemplated above include, among others, general economic conditions, hazards customary in the power industry, weather conditions, competition in wholesale power markets, the volatility of energy and fuel prices, failure of customers to perform under contracts, changes in the wholesale power markets, changes in government regulation of markets and of environmental emissions, the condition of capital markets generally, our ability to access capital markets, unanticipated outages at our generation facilities, adverse results in current and future litigation, failure to identify or successfully implement acquisitions and repowerings, our ability to implement value enhancing improvements to plant operations and company-wide processes, our ability to obtain federal loan guarantees, the inability to maintain or create successful partnering relationships, our ability to operate our businesses efficiently, our ability to obtain and retain retail customers, our ability to realize value through our commercial operations strategy, the ability to successfully integrate acquired businesses, the ability to realize anticipated benefits of our acquisitions (including expected cost savings and other synergies) or the risk that anticipated benefits may take longer to realize than expected, and share repurchase under the Capital Allocation Plan may be made from time to time subject to market conditions and other factors, including as permitted by United States securities laws. Furthermore, any common stock dividend is subject to available capital and market conditions.

All forward-looking statements attributable to MWG are expressly qualified in their entirety by this cautionary statement. MWG disclaims any obligation to update forward-looking statements contained on its web site, except as may be required by law.

General

These Terms shall be governed in all respects in accordance with the laws of the State of New York without regard to the conflict or choice of law rules thereof. The courts sitting in the state of New York, federal and state shall have exclusive jurisdiction over any dispute arising hereunder.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MWG as a result of this agreement or use of the website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.