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` After construction, Owner agrees to furnish EWEB complete final construction invoices or cost documentation, which represent the actual construction costs of Owner's project. Final payment to Owner for the purchase of the electrical energy savings shall be based on the invoices or documentation submitted to EWEB and computed according to EWEB Energy Smart Services Program Procedures in effect as of the date of the Offer attached as Exhibit 2. Payment shall be made to Owner or Owner's payment designee by EWEB upon satisfactory completion of the projects as determined by EWEB. The payment authorized by this agreement may be in form of one or a combination of the following: 1) The amount of $186.613.00 as a cash incentive. 2) The amount of $ 275.395.00 as slow- or zero-interest loan. If all or part of the payment will be in the form . of a loan, Owner and EWEB will enter into an Energy Loan Agreement covering the terms of the loan. 3) The amount of $0.00 as Energy Service Charge funding. If all or part of the payment will be in the form of Energy Service Chazge funding, Owner and EWEB will enter into an Energy Service Charge Agreement covering the terms of the energy service charge. The Energy Service Chazge Agreement 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 written notice to EWEB before project completion. 5. Operation, Replacement and Maintenance of ECMs: Owner agrees to continue operation of the ECMs over the projected Project Life stated in Exhibit 1. If, after installation of the Project is complete, any of the Project equipment fails, Owner agrees~to install replacement equipment that is equally energy efficient. ~In addition, Owner agrees to operate and to perform all manufacturer's recommended maintenance for all equipment related to Owner's project. Where appropriate, Owner agrees to train staff to operate and to perform such maintenance. Owner agrees to use all reasonable 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 benefits offered by EWEB to Owner under this agreement. Owner agrees to furnish EWEB its employer tax identification number and any other information requested by the Internal Revenue Service relating to Owner's Project. EWEB makes no determination 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 information designated as "Proprietary Information" by Owner. Exclusive of such designated Proprietary Information, EWEB shall have the right to publicly disseminate information relating to any energy analysis completed by or paid for by EWEB and ECMs described in Exhibit 1.Owner acknowledges that under the Energy Smart Services Program, EWEB may wish to collectand compile certain data on Owner's Project for purposes of evaluation and preparing case studies. Owner agrees to allow EWEB access to its facilities and to monitor the use of electricity ~ its facilities and authorizes the release of any current and future utility records required for EWEB staff to condpct analysis and follow-up evaluation tasks. S. Indemnification: Owner shall indemnify, hold harmless and defend EWEB, its Boazd, officers and agents from any and all claims, demands, liabilities, suits or actions for any resulting property damage, bodily injury or death arising out of or which in the future may result, directly or indirectly, from EWEB's energy analysis and any subsequent installation and operation of the ECMs and suggested energy conservation practices specified by EWEB's staff or a professional subcontractor, subcontractors' employees and subcontractors' agents. Submission of design plans and spermcations to EWEB and inspections by EWEB shall in no way imply any responsibility on the part of EWEB for the design or installation of Owner's Project. 9. Continuation as EWEB Customer: Owner agrees to continue to purchase from EWEB at least half of the annual electrical energy (kWh) purchased on electric meters serving the building at the Project Location listed on Exhibit 1. Purchase from EWEB shall be on an appropriate retail rate schedule or power sales contract, excluding a retail wheeling or electricity transport rate schedule, and shall continue throughout the ECM Project Life stated in Exhibit 1. 10. Termination and Repayment: If Owner fails to comply with the terms of this agreement, EWEB may terminate 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 connect the noncompliance, EWEB may elect to terminate this agreement. With 30 days notice to EWEB, Owner may terminate this agreement. Upon termination by either party, 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 original cash incentive payment amount times the years remainin¢ until the end of the project life divided by the total proiect life in years.