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I, the undersigned agree as follows:
1. I have read and
understand all Program Documents including the SFPUC Upgrade for Savings
Program Handbook (“Handbook”) and I would like to participate in the Upgrade
for Savings Program. 2. I am the customer or
the customer’s Agent. 3. I am interested in
improving the energy efficiency of my building with a Project that qualifies
for the Minimum Qualifying Incentive amount. I certify that all information
provided is true and accurate, and I will agree to all documentation and other
applicable requirements as set forth in the Handbook. 4. By submitting this
Enrollment Agreement, I attest that I am an existing Hetch Hetchy Power
customer or have submitted an application to connect Hetch Hetchy Power
electricity service to the site. 5. I understand that
participation in the Upgrade for Savings Program is voluntary, and that I am
under no obligation to accept technical support offered under this Program, or
to modify the design or construction of my Project based upon program-offered technical
support or recommendations.
6. I understand that
existing equipment required to establish the project baseline must be available
for pre-inspection, and that I am responsible for ensuring that SFPUC and/or
its agents have reasonable access to the facilities for the purpose of carrying
out Program-related activities, including pre- and post-project inspections
and, if offered and agreed to, technical support services. 7. SFPUC’S AND/OR ITS CONSULTANTS’ IDENTIFICATION OF POTENTIAL ENERGY
UPGRADE PROJECTS, OR REVIEW OF THE DESIGN, CONSTRUCTION, OR OPERATION OF SUCH PROJECTS
SHALL NOT CONSTITUTE ANY REPRESENTATION AS TO THE ECONOMIC OR TECHNICAL
FEASIBILITY, OPERATIONAL CAPABILITY, OR RELIABILITY OF THE PROJECT, NOR SHALL
OWNER, IN ANY WAY, MAKE SUCH A REPRESENTATION TO A THIRD PARTY. OWNER IS SOLELY
RESPONSIBLE FOR THE SELECTION, DESIGN, INSTALLATION, ECONOMIC AND TECHNICAL
FEASIBILITY, CONSTRUCTION, OPERATIONAL CAPABILITY AND RELIABILITY OF THE
PROJECT. SFPUC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PROJECT,
THE UPGRADE FOR SAVINGS PROGRAM, OR THE INCENTIVES, WHETHER STATUTORY, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, USE OR APPLICATION AND
SPECIFICALLY DISCLAIMS ANY SUCH WARRANTY, EXPRESS OR IMPLIED.
8. I agree to indemnify, defend, and hold harmless the City, its officials,
managers, agents, and employees from and against all claims, losses, damages,
costs, expenses, and liability arising from (i) injury to or death of any
person, (ii) injury to property or any other interests of the City, Owner, or
any third party, (iii) violation of any law or regulation, or (iv) energy
savings shortfall, arising from or in any way connected to the Project, however
caused and regardless of any strict liability or negligence of City. 9. I understand that SFPUC retains the sole discretion regarding what technical support is provided and in determining the appropriate methodologies and values used to calculate the incentive payment amounts. I understand that the Financial Incentives are available only if 1) I complete an Application & Incentive Agreement; 2) eligibility is established by the SFPUC; 3) the Project is installed and verified: and 4) the Project is in compliance with all Upgrade for Savings Program rules and requirements outlined in the Upgrade for Savings Program Handbook. 10. By using this form and signing electronically, I agree and understand that this electronic signature is the legal equivalent of my manual/handwritten signature.
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