BJE36093 (2) - Laserfiche WebLink

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i After construction, Owner agrees to furnish EWEB complete final construction invoices or cos documentation, which represent the actual conswction costs of Owner's project. Final payment to Owner forth purchase of the electrical energy savings shall be based on the invoices or documentation submitted to and computed according to EWEB Energy Smart Services Program Procedures in effect as of the date of the ffer attached as Exhibit 2. Payment shall be made to Owner or Owner's payment designee by EWEB upon satisf tory completion of the projects as determined by EWEB. The payment authorized by this agreement may be i form of one or a combination of the following: Ij The amount of $186,613.00 as a cash incentive. 2) The amount of $ 275.395.00 as a low- or zero-interest loan. If alI or part of the payment 'll be in the form of a Joan, Owner and EWEB will enter into an Energy Loan Agreement covering the to of the loan. 3) The amount of X0.00 as Energy Service Charge funding. If all or part of the payment will be in the form of Energy Service Charge funding, Owner and EWER will enter into an Energy Service C ge Agreement covering the terms of the energy service charge. The Energy Service Charge Agree nt may require completion of an Agreement between the Owner and occupant. d. Owner may authorize and direct EWEB to deliver payment to a payment designee by writte notice to EWEB before project completion. 5. Operation, Replacement and Maintenance of ECMs: Owner agrees to continue operation of a ECMs over the projected Project Life stated in Exhibit 1. If, after installation of the Project is complete, any of the Proj equipment fails,. Owner agrees~to install replacement equipment that is equally energy efficient. In addition„ Owner agr to operate and to perform all manufacturer's recommended maintenance for all equipment related to Owner's project. re appropriate, Owner agrees to train staff to operate and to perform such maintenance. Owner agrees to use ail teaso able measures to assure maximum energy savings are attained after installation of the ECMs. 6. IRS Reporting: EWEB may, from time to time, be required to report any net interest or other refits offered by EWEB io Owner under this agreement. Owner agrees to furnish EWEB its employer tax identification nu rand any other information requested by the Internal Revenue Service relating to Owner's Project. EWEB makes no Bete 'nation hereunder as to the reporting and taxability of the net interest or other benefits received by Owner from EWEB. 7. Confidentiality and Public Information: Subject to law, EWEB shall treat as confidential info lion designated as "Proprietary Information" by Owner. Exclusive of such designated Proprietary Information, EWE= hall have the right to publicly disseminate information relating to any energy analysis completed by or paid for by EWEB d ECMs described in Exhibit I.Owner acknowledges that under the Energy Smart Services Program, EWEB may wish to ollect~and compile certain dais on Owner's Project for purposes of evaluation and preparing case studies. Owner agrees to low EWEB access to its facilities and to monitor the use of electricity in, its facilities and authorizes the release of any curre t and future utility records required for EWER staff to condpci analysis and follow-up evaluation tasks. 8. Indemnification: Owner shall indemnify, hold harmless and defend EWEB, its Board, officers d agents from any and all claims, demands, liabilities, suits or actions for any resulting property damage, bodily injury or each arising out of or which in the future may result, directly ar indirectly, from EWEB's energy analysis and any subsea ent installation and operation of the ECMs and suggested energy conservation practices specifed by EWEB's staf or a .professional subcontractor, subcontractors' employees and subcontractors' agents. Sut~nission of design plans and s ' ications to EWEB and inspections by EWEB shall in no way imply any responsibility on the part of EWEB for the deli or installation of Owner's Project. 9. Continuation as EWEB Customer: Owner agrees to continue to purchase from EWEB at I t half of the annual . electrical energy (kWh) purchased on electric meters serving the building at the Project Location fisted on Exhibit 1. Purchase from EWEB shall be on an appropriate retail rate schedule or power sales contract, excludin a retail wheeling or electricity transport rate schedule, and shall continue throughout the ECM Project Life stated in Exhi it 1. 10. Termination and Repayment: If Owner fails to, comply with the terms of this agreement, may ternnate this agreement by giving written notice to Owner. Owner shall have thirty (30) days from the date of the notice within which to comply with any items of noncompliance. If Owner fails to correct the noncompliance, EWEB may lect to terminate this agreement. With 30 days notice to EWEB, Owner may terminate this agreement. Upon termination b . eitherparty, Owner shall repay to EWEB a portion of payments made by, EWEB for energy savings as follows: a. For the cash incentive portion, the Cash Repayment Amount shall equal the on final c incentive a ent amount times the years remaining until the end of the project life divided by the total ro'e t life in ears.