Miscellaneous SGIP Application

MISCELLANEOUS SGIP APPLICATION AND AGREEMENT

This Miscellaneous SGIP Application and Agreement (the Agreement) is entered into by and between the Applicant and the Program Administrator under the terms set forth below.

WHEREAS

WHEREAS, Applicant is proposing to install and operate a self-generation or energy storage system at the Project Site and seeks an incentive payment for such system pursuant to program criteria and availability; and

WHEREAS, Program Administrator administers incentive funds and will evaluate and, if approved, pay incentives subject to verification, requirements, and the terms of this Agreement; and

WHEREAS, the parties desire to set forth the scope of work, payment terms, compliance obligations, and other provisions governing Applicant's participation and any funding awarded under this application.

APPLICANT IDENTIFICATION

Individual    Corporation    LLC    Nonprofit

PROJECT SITE

Utility Service Provider:    Utility Account Number:    Meter Number:

Parcel Number:    Anticipated Commissioning Date:

SYSTEM DETAILS

Battery Energy Storage    Fuel Cell    Combined Heat and Power    Other

SCOPE OF WORK

PAYMENT TERMS

Incentive Amount Requested:    Total Project Cost:

Late Payment Fee:    Conditions for withholding payment:

TERM AND TERMINATION

Agreement Start Date:    Agreement End Date:

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches any obligation and fails to cure the breach within days following receipt of notice. Termination for convenience by Program Administrator may occur upon days' written notice.

CONFIDENTIALITY

Each party shall keep confidential and not disclose to any third party any non-public information marked or reasonably understood to be confidential, provided that disclosure is permitted for compliance with law or as required for funding verification. Confidential information shall not include information that is publicly available, independently developed, or lawfully received from a third party without restriction. Breach of confidentiality shall entitle the non-breaching party to injunctive relief and any other remedy available at law or equity.

REPRESENTATIONS & CERTIFICATIONS

By submitting this application, Applicant represents and certifies under penalty of perjury that the information contained herein is true, complete, and correct to the best of Applicant's knowledge; the proposed system will be installed in accordance with applicable codes, standards, and program requirements; Applicant authorizes Program Administrator to verify utility account information and perform site inspections necessary for eligibility determinations; and Applicant will refund incentive payments if later determined ineligible or procured in violation of program rules.

Applicant further certifies that it will maintain all required records for a period of not less than three (3) years following final payment, and will provide access to such records upon request.

ATTACHMENTS (CHECKLIST)

Site plan and single-line diagram    Equipment specifications    Detailed cost estimate    Required permits (if available)

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Project Site is located, without regard to conflict of law principles. Venue for any dispute arising under this Agreement shall be a court of competent jurisdiction in the county where the Project Site is located.

This Agreement, together with any schedules, attachments, and the approved application materials, constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior and contemporaneous agreements, understandings, representations, and warranties, whether oral or written. No amendment shall be effective unless in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party, except that Program Administrator may assign this Agreement in connection with a transfer of its administrative functions.

SIGNATURES

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