Except for the Bill Credits outlined in this Program, SFPUC shall have no liability for any Customer costs arising from the installation or removal of the Heat Pump Water Heater or any related ancillary equipment such as a water heater controller or mixing valve.
SFPUC MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING MANUFACTURERS, DEALERS, CONTRACTORS, MATERIALS OR WORKMANSHIP. SFPUC 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. APPLICANT AGREES TO INDEMNIFY, HOLD HARMLESS AND RELEASE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SFPUC, THE CITY AND COUNTY OF SAN FRANCISCO (CCSF), THE OFFICERS, COMMISSIONERS, SUPERVISORS, 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 THE APPLICANT’S PARTICIPATION IN THE PROGRAM, INCLUDING, BUT NOT LIMITED TO (1) INJURY TO OR DEATH OF PERSONS, INCLUDING BUT NOT LIMITED TO EMPLOYEES OF CCSF, A CUSTOMER, OR APPLICANT; (2) INJURY TO PROPERTY OR OTHER INTERESTS OF CCSF, CUSTOMERS, 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. IN NO EVENT SHALL CCSF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR COMMITMENTS TO SUBCONTRACTORS, CUSTOMERS, AND ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCURRED BY APPLICANT.