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Applicants are subject to all program Terms and Conditions and should therefore understand and agree with these requirements before submitting an application.
I, the Applicant (and Customer’s Trade Professional, if applicable), hereby agree (the “Agreement”) to the following terms and conditions to my participation in: (1) Express Solutions Program, (2) Customized Solutions Program, and/or (3) Automated Demand Response (Auto-DR) Technology Incentives Program (the “Programs”). The Programs are identified and further described in the appropriate attachments to the Application, and also in the Express Solutions Statewide EE Business Incentives Manual (sceonlineapp.com), the Statewide Customized Offering Procedures Manual (sceonlineapp.com), and the Auto-DR Technology Incentives Program Guidelines (on.sce.com/autodr), as applicable."
1.a Incorporation by Reference: The Application (together with all applicable attachments) is hereby incorporated by reference into, and made a part of, this Agreement.
1.b Incorporation by Reference—SCE Partnerships (if applicable). To the extent Applicant is a participant in a Local Government or Institutional Partnership, the following shall apply:
In addition to the Application, the executed agreement to jointly deliver the applicable Energy Efficiency Partnership Program between Applicant and SCE (and other California utilities where applicable) (the “Partnership Agreement”) shall also be incorporated into this Agreement by this reference. Should a conflict exist between the terms and conditions of this Agreement and the Partnership Agreement (including but not limited to Section 10 of this Agreement), then the terms and conditions of the Partnership Agreement shall control with respect to such conflict.
2. Limitation on Funding Availability: Each Program has limited funding and is offered on a first-come, first-served basis until funding is fully reserved, expended, or the Program is terminated, whichever comes first. I further understand that submission of this Application is not a guarantee of payment by SCE, nor is it a guarantee of fund availability. Upon SCE’s approval of this Application and SCE’s execution of a Program project agreement and/or Project Approval Letter, as applicable, incentive funds will be reserved by SCE; however, payment of any incentive is subject to post-installation performance verification.
3. Changes to Program: Funding and conditions of each Program are subject to the jurisdiction of the California Public Utilities Commission (“CPUC”), and shall be subject to such changes or modifications as the CPUC may, from time to time, direct in the exercise of its jurisdiction. I understand that if a Program is modified in any way or terminated by order of any government entity, then this Agreement shall be revised or terminated consistent with that order. In addition, SCE may suspend or terminate any agreement related to a Program without cause (and without prior written notice) if SCE determines suspension or termination of the agreement is necessary in order to make changes to the related Program or if SCE is ordered by the CPUC to modify or discontinue a Program and/or any agreements related to a Program. I agree that SCE will not be liable for any damages or compensation of any kind that may result from the changes described in this paragraph 3.
4. Right of Assignment: SCE may assign any agreement related to my participation in a Program, in whole or in part, or its rights and obligations hereunder, directly or indirectly, by operation of law or otherwise, without my prior written consent, provided SCE remains obligated for payments incurred prior to the assignment. I may not assign this Application, in whole or in part, or my rights and obligations hereunder, directly or indirectly, by operation of law or otherwise without the prior written consent of SCE.
5. Site Access and Inspection Requirements: The Program(s) I select may require installations, audits, inspections, measurements of the performance of the project measure(s) (referred to as “solution(s)”), and/or verification of installation of solutions. Therefore, I agree to provide, and I am solely responsible for ensuring that, SCE and/or its agents, assigns, or contractors and the CPUC and/or its agents or assigns have reasonable access to the project site(s) for these purposes. If I fail to provide reasonable access for these purposes, SCE, in its sole discretion, may require me to repay any incentive amounts already paid to me, may cease making any additional incentive payments otherwise due and may terminate this Agreement. If SCE requires me to repay the incentives already paid, I shall repay any incentive amount due within thirty (30) days of notification by SCE.
6. Permits and Licenses: I understand that I am responsible, at my own expense, to obtain and maintain and cause my contractors and/or subcontractors to obtain and maintain licenses and permits required by federal, state, local, or other relevant governing or regulatory bodies needed to perform Program work.
6.1 I further acknowledge and agree that neither I nor my Trade Professional will receive any incentive or rebate for the purchase or installation of central air-conditioning or a heat pump, and their related fans, without providing to SCE proof of permit closure, or, if applicable, certification that I am not required to obtain a permit.
In order to provide proof of permit closure, I (or my Trade Professional) must include documentation from the authority having jurisdiction (e.g., local permitting office), that includes the permit number, customer name, and address, and an indication that the permit has been closed and/or is final.
7. Authorized Services: I understand that SCE employees, contractors and/or agents are authorized to provide only the services described in this Application for the Programs. SCE assumes no responsibility for any services, installations, improvements or equipment offered or provided to me by an SCE employee, contractor or agent other than those specified in this Application or that have not been authorized by SCE.
8. Release and Use of Information: I authorize SCE to release my contact and other relevant information to SCE’s employees, contractors and/or agents for purposes related to my participation in the Program(s). I further authorize SCE’s employees, contractors and agents to contact me with regard to the initiation, performance, and/or verification of any of the terms and conditions of the applicable Program(s).
9. Calculation of Energy Savings: SCE will not pay incentives for any energy savings in excess of the actual annual amount of my electricity usage at each SCE service account for which incentives are requested.
10. Equipment Eligible for Incentives: Energy savings and demand reduction resulting from the project must be above and beyond baseline energy performance, which include state-mandated codes, federal-mandated codes, industry-accepted performance standards or other baseline energy performance standards as determined by SCE. Refurbished and/or leased equipment is not eligible for Program incentives. Specific restrictions may apply to each energy efficiency solution, as outlined in the instructions and attached Application forms.
11. Method for Calculation of Incentive Payments: I understand that SCE pays up to 50% of the project cost for Customized Solutions, and up to 100% of the equipment cost for Express Solutions. For Auto-DR Technology Incentives, SCE pays up to $300 per kW reduced (up to 100% of the actual and reasonable cost for the purchase and installation of qualifying equipment) in accordance with the Auto-DR Technology Incentives Program Guidelines. Customized calculations will be in accordance with the Statewide Customized Offering Procedures (sceonlineapp.com). Auto-DR Technology Incentive payments to an individual SCE customer cannot exceed $5 million per program cycle.
SCE retains the sole discretion to determine the appropriate baseline values and energy savings calculations used to determine actual incentive payments. Incentives shall be paid only on projects that exceed the baseline performance standards applicable when the Application is signed. SCE reserves the right to modify or cancel the incentive amount if the actual solution installed differs from the installation as set forth in the Application.
12. Limitations on Incentive Payments: I understand that payments of Program incentives will be made only after all Program requirements are met, to SCE’s sole satisfaction. Payment of incentives will be made directly to the customer or as designated by the customer in the Application. Auto-DR Technology Incentive payments will only be issued directly to the customer.
12.1 I understand that energy savings for which incentives are paid cannot exceed my actual electric usage for my customer service account for which the incentives are being requested. Non-SCE supply, such as cogeneration or delivery from another commodity supplier, does not qualify as usage from SCE (with the exception of Direct Access customers or customers paying departing load fees for which SCE collects PPP Surcharge (Public Purpose Programs)
12.2 To be eligible for Program incentives, I understand that if I am not in good standing on all of my service accounts and contracts with SCE or do not meet the program requirements, SCE may hold my incentives or apply them towards amounts I owe to SCE. I agree that I have not and will not apply for or receive rebates, incentives, funding, or services for the solution(s) covered by this Application from any other utility, third party, or government (federal, state or local) program funded by the PPP, taxpayers, or utility Request For Offer (RFO) solicitations unless explicitly exempted. I further agree that I will not apply or receive rebates, incentives, or services for the incentive(s) covered by this Application in an amount greater than the total cost of the solution(s). Because the Programs are funded by California utility ratepayers or Federal taxpayers and administered by SCE, under the auspices of the CPUC, I may face adverse consequences (i.e., a requirement that I return payments that were made to me or a restriction on my eligibility to participate in other programs) if I violate these restrictions.
12.3 I understand that all projects and/or solutions must be completely installed and fully operational one year from SCE’s written project Application approval date to be eligible for incentive payments. SCE reserves the right to cease making incentive payment(s), require the return of the total or prorated incentive payments and/or terminate this Agreement if the project is not completely installed and fully operational by such date, unless an installation extension is granted, in writing, by SCE.
13. Estimated Savings May Not Equal Actual Savings: I understand that all energy savings, incentives, and installed costs provided by SCE during the Program Application process are estimates only, and are subject to change based on SCE review and approval and that I am solely responsible for the selection, purchase, installation and ownership of the equipment and services under the Programs.
14. Energy Benefits: As a qualified SCE customer, I certify that the indicated energy savings products are for use in my project site and not for resale. I agree to provide SCE with documents establishing paid proof of purchase and installation of the solutions applied for in this Application. I understand the incentive payments are based on related energy benefits over the life of the product. I agree that if (a) I do not provide Southern California Edison with 100% of the related energy benefits specified in the rebate form for the life of the product or for a period of five (5) years from receipt of rebate, whichever is less, or (b) I cease to be a customer of SCE during said time period, I shall refund a prorated amount of rebate dollars to SCE based on the actual period of time for which I provided the related energy benefits as an electric customer of SCE.
15. Risk Allocation: I UNDERSTAND THAT SCE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING MANUFACTURERS, DEALERS, CONTRACTORS, MATERIALS OR WORKMANSHIP, OR REGARDING SELECTION OR QUALIFICATION OF CUSTOMER’S AUTHORIZED AGENTS. I ALSO UNDERSTAND, AND HAVE CAUSED MY CUSTOMER’S AUTHORIZED AGENT (IF ANY) TO UNDERSTAND, THAT SCE MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, USE, OR APPLICATION OF THE PRODUCTS OR SOLUTIONS. I AGREE TO HOLD HARMLESS AND RELEASE TO THE EXTENT PERMITTED UNDER APPLICABLE LAW SCE, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANY, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES OF EACH OF THEM, FROM AND AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS, EXPENSES, AND LIABILITY (LEGAL, CONTRACTUAL, OR OTHERWISE), WHICH ARISE FROM OR ARE IN ANY WAY CONNECTED WITH ANY OF THE PROGRAMS, INCLUDING, BUT NOT LIMITED TO (1) INJURY TO OR DEATH OF PERSONS, INCLUDING BUT NOT LIMITED TO EMPLOYEES OF SCE OR APPLICANT; (2) INJURY TO PROPERTY OR OTHER INTERESTS OF SCE, APPLICANT, OR ANY THIRD PARTY; (3) VIOLATION OF LOCAL STATE OR FEDERAL COMMON LAW, STATUTE OR REGULATION, INCLUDING BUT NOT LIMITED TO ENVIRONMENTAL LAWS OR REGULATIONS; OR (4) STRICT LIABILITY IMPOSED BY ANY LAW OR REGULATION. I ALSO UNDERSTAND THAT IN NO EVENT SHALL SCE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR COMMITMENTS TO SUBCONTRACTORS, AND ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCURRED BY APPLICANT.
16. Advertising, marketing, and use of SCE's name: I agree that I will not use SCE’s corporate name, trademark, trade name, logo, identity or any affiliation for any reason, including soliciting customers to participate in the Programs, without SCE’s prior written consent. I will make no representations to my customers or any other entity or individual on behalf of SCE.
17. Conflict between terms: Should a conflict exist between this Agreement and the documents incorporated by reference, this Agreement shall control. Should a conflict exist in the documents incorporated by reference, the documents shall control in the following order: (1) SCE’s Project Approval Letter accepting the incentive(s) and providing incentive estimate(s) based on solutions approved in the Application; and (2) Applicant’s approved Application(s). Should a conflict exist between an applicable federal, state or local law, rule, regulation, or other code and this Agreement, the law, rule, regulation, order or code shall control. Each party shall notify the other as soon as reasonably practical, but no later than seven (7) days, upon the identification of any conflict or inconsistency concerning the Application or any documents incorporated by reference.
18. I hereby acknowledge the following:
- By checking this box, I confirm that I will/have used a licensed contractor, where applicable, and will/have obtained all required permits for this installation. I understand that it is my responsibility, at my own expense, to ensure that contractors and/or subcontractors used obtain and maintain licenses and permits required by federal, state, local or other relevant governing or regulatory bodies needed to perform its work. I further understand that failure to use licensed contractors will constitute a material breach of my obligations hereunder.
19. I hereby acknowledge the following (check ONLY ONE of the following options):
- I am SELF-ADMINISTERING this project. Upon project approval, if applicable to requested Program(s), I intend to enter into an agreement with SCE for delivery of energy savings/demand reduction resulting from the installation of energy efficiency and demand response solutions at the project site listed in Section 2 of this Application.
- I have entered into a contract with the Trade Professional indicated below for the installation of energy efficiency and/or demand response solutions at the project site listed in Section 2 of this Application. Upon project approval, if applicable to requested Program(s), my Trade Professional is authorized to enter into the necessary agreements with SCE for delivery of energy savings and/or demand reduction resulting from the installation of these solutions at the project site. I understand that: (i) SCE makes no warranty or representation about the Trade Professional qualifications; (ii) I am solely responsible for selecting the Trade Professional to implement the project on my behalf; (iii) that the Trade Professional is an independent contractor and not authorized to make any representation on behalf of SCE; and (iv) that SCE will have no role in resolving any disputes between me, the Trade Professional and/or any other third parties. I further authorize all contracts and correspondence to be sent directly to the Trade Professional specified below.
20. Verification and Certification: I affirm that I am authorized to enter into this Agreement and that I have read, understand, and agree to all of the specific terms, conditions and other requirements and restrictions set forth in this Agreement for each of the Programs selected in this Application for my participation. I certify that the information I have provided in the Application that accompanies this Agreement is true and correct, and the project(s) for which I am requesting Program funding meet(s) all applicable requirements as set forth in this Application. Furthermore, I understand and agree that I meet all eligibility requirements for participation in the Program(s) for which I am applying. SCE reserves the right to request additional information to verify Applicant’s eligibility to participate in the Program(s).
Customer Name (Please Print) ____________________________
Trade Professional Name (Please Print) ____________________________