By signing below, the signatory is entering into this
Agreement on behalf of the customer:
1. OVERVIEW. The Business Savings Program
("Program") implemented by SFPUC provides incentives to Participating
Aggregators for projects completed for eligible CleanPowerSF business
customers. All incentive payments from
the Program are paid directly to the Participating Aggregators per the terms in
the Program Handbook.
2. ELIGIBILITY: At minimum, to become a program
Participant, customers must receive electric service from CleanPowerSF, be one
of the eligible business types and have 12 months of consistent billing
history. Customers must meet all the
criteria outlined in the Program Handbook to be eligible for the Program.
3. PROGRAM REGULATORY AND HANDBOOK RULES. The
Program’s rules and policies may be found in the Program Handbook and the
Program Measurement and Verification Plan. Please note that the Program
Handbook Rules and Policies are subject to change without notice.
4. PERMISSION FOR ACCESS: The customer agrees to
allow SFPUC staff or subcontractors access to my facility to verify incentive
eligibility for the installation of energy efficiency measures through the CleanPowerSF
Business Program. I agree to allow SFPUC staff, and its sub-contractors, to
access my facility to conduct Program evaluation and quality assurance
activities. I understand that in some cases, a verification inspection may be
required after the installation of energy efficiency measures. I realize that
these activities may require SFPUC staff or its subcontractors to extend
ladders and to open lighting fixtures and service hatches throughout the
facility. SFPUC staff or its subcontractors will coordinate visits to the
facility with the Customer, to minimize any disruptions or inconvenience to the
Customer.
5. PERMISSION FOR DATA USE: The customer agrees to
allow SFPUC to share the detailed energy consumption data and other protected
personal information (PPI) with the Participating Aggregator for the purposes
of implementing and participating in the Program. Participating Aggregators are required to
keep all customer PPI confidential per the terms of the Participating
Aggregator Agreement.
6. OWNERSHIP OF INFORMATION: SFPUC may provide the Customer,
Participating Aggregator, San Francisco Environment and consultants and its
Consultants with information necessary to implement the Program, but SFPUC
shall have all ownership rights, including exclusive copyright ownership, in
all data, reports, research results, summaries, information, or other written,
recorded, photographic or visual materials (hereinafter “Information”) produced
and collected to implement the Program.
7. CONFIDENTIALITY. SFPUC will not use the names or
identifying characteristics of the Customer or Customer’s Facility for
published project reports, advertising, sales promotion or other publicity or
public disclosure without the Customer’s written approval. Customer will not
use the names or identifying characteristics of the Program for any
advertising, sales promotion or publicity or public disclosure of any kind
without prior written approval by SFPUC staff.
8. SUNSHINE ORDINANCE: I agree that this Agreement
and other related customer records provided to SFPUC, its agents and
subcontractors shall be treated as if they are public records under the
California Public Records Act and the San Francisco Sunshine Ordinance and will
be made available to members of the public upon request if these laws require
such action.
9. IF TENANT: The Customer controls a leased
facility, by signing this agreement, the customer asserts that it has obtained
permission from the Owner to enter and conform with all terms of the Agreement.
10. INDEMNIFICATION.
Customer agrees to indemnify SFPUC and its subcontractors harmless from any and
all losses, costs, damages, and liabilities arising from any claims related to
their participation in the Program.
11. NO
DELEGATION. Customer may not delegate its obligations hereunder or assign its
rights without the prior written consent of Aggregator. Any purported
assignment or delegation of this Agreement in violation of the foregoing will
be null and void and deemed a breach of this Agreement.
12. JURISDICTION.
This Agreement shall be governed, construed, and enforced in accordance with
the laws of the State of California. The exclusive jurisdiction for any dispute
arising out of or relating to this Agreement shall be the federal or state
courts located in the State of California.
13. LIABILITY.
NEITHER SFPUC, SFE NOR ITS SUBCONTRACTOR SHALL BE LIABLE TO CUSTOMER FOR ANY
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMANGES (INCLUDING
WITHOUT LIMITATION ANY DAMAGES RELATING TO LOST PROFITS OR REPUTATION) ARISING
IN CONNECTION WITH PARTICPATING IN THE PROGRAM.
14. SEVERABILITY.
If any provision of this Agreement is deemed unenforceable, all remaining
provisions will continue in full force and effect.