Page | 2 Rev 03/02/2021
1. Incentives
Subject to these Terms & Conditions, the Program Administrator (“PA”) will pay Incentives to the Customer or their designated vendor based on
curtailment performance.
2. Definitions
a) “Customer” means the residential or commercial customer maintaining an active account for service with a PA’s electric distribution company,
or in the case of a Program Administrator which is a municipal aggregator, maintains an account for service with the distribution company
serving the territory of such Program Administrator, and who satisfies the Program eligibility requirements established by the Program
Administrator.
b) “DRM” are those demand reduction measures described in the Program Materials or other Custom Measures.
c) “Facility” means the Customer location served by the Program Administrator where DRMs are to be implemented.
d) “Incentives” means those payments made by the Program Administrator to Customers or to their designated vendor pursuant to the Program
Materials and these Terms and Conditions. Incentives may also be referred to as “Rebates”.
e) “Program” means the DRMs offered by the Program Administrator to Customers.
f) “Program Administrator” or “PA” means Cape Light Compact JPE, or Eversource Energy, or National Grid, or Unitil, as applicable.
g) “Program Materials” means the documents and information provided by the Program Administrator specifying the qualifying DRMs,
technology requirements, costs and other Program requirements, which include, without limitation, program guidelines and requirements,
and application forms.
3. Application Process and Requirement for Program Administrator Approval
a) The Customer or their designated vendor shall submit a completed application in the form specified by the Program Administrator.
b) The Program Administrator reserves the right to approve or disapprove of any application or proposed DRMs.
4. Incentive Amounts, Requirements for Incentives and Incentive Payment Conditions
a) The PA reserves the right to adjust and/or negotiate the Incentive amount.
b) PA shall not be obligated to pay the Incentive amount until all the following conditions are met:
(1) PA approves Customer’s application
(2) all applicable permits, licenses and inspections have been obtained by Customer,
c) Upon PA’s written request, Customer will be required to refund any Incentives paid if Customer does not comply with these Terms and
Conditions and Program requirements.
d) PA shall use commercially reasonable efforts to pay the Incentive amount within forty-five (45) days after the end of each program season.
5. Program/Terms and Conditions Changes
The Program Administrator reserves the right, for any reason, to withhold approval of projects and any DRMs, and to cancel or alter the Program,
at any time without notice. Approved applications will be processed under the Terms and Conditions and Program Materials in effect at the time of
the application approval by the Program Administrator.
6. Indemnification and Limitation of the Program Administrator’s Liability
Customer shall indemnify, defend and hold harmless Program Administrator, its affiliates and their respective contractors, officers, directors,
employees, agents, representatives from and against any and all claims, damages, losses and expenses, including reasonable attorneys’ fees and
costs incurred to enforce this indemnity, arising out of, resulting from, or related to the Program or the performance of any services or other work
in connection with the Program (“Damages”), caused or alleged to be caused in whole or in part by any actual or alleged act or omission of the
Customer, any subcontractor, agent, or third party, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable. To the fullest extent allowed by law, the Program Administrator’s aggregate liability, regardless of the number of claims, shall be
limited to paying approved Incentives in accordance with these Terms and Conditions and the Program Materials, and the Program Administrator
and its affiliates and their respective contractors, officers, directors, employees, agents, representatives shall not be liable to the Customer or any
other party for any other obligation. To the fullest extent allowed by law and as part of the consideration for participation in the Program, the
Customer waives and releases the Program Administrator and its affiliates from all obligations (other than payment of an Incentive), and for any
liability or claim associated with the DRMs, the performance of the DRMs, the Program, or these Terms and Conditions.
7. No Warranties or Representations by the Program Administrator
a) THE Program Administrator DOES NOT ENDORSE, GUARANTEE, OR WARRANT ANY CONTRACTOR, MANUFACTURER OR PRODUCT, AND THE
Program Administrator MAKES NO WARRANTIES OR GUARANTEES IN CONNECTION WITH ANY PROJECT, OR ANY SERVICES PERFORMED IN
CONNECTION HEREWITH OR THEREWITH, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER SHALL SURVIVE ANY CANCELLATION,
COMPLETION, TERMINATION OR EXPIRATION OF THE CUSTOMER’S PARTICIPATION IN THE PROGRAM. CUSTOMER ACKNOWLEDGES AND
AGREES THAT ANY WARRANTIES PROVIDED BY ORIGINAL MANUFACTURERS’, LICENSORS’, OR PROVIDERS’ OF MATERIAL, EQUIPMENT, OR
OTHER ITEMS PROVIDED OR USED IN CONNECTION WITH THE PROGRAM UNDER THESE TERMS AND CONDITIONS, INCLUDING ITEMS
INCORPORATED IN THE PROGRAM, (“THIRD PARTY WARRANTIES”) ARE NOT TO BE CONSIDERED WARRANTIES OF THE Program Administrator
AND THE Program Administrator MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE APPLICABILITY OR
ENFORCEABILITY OF ANY SUCH THIRD PARTY WARRANTIES. THE TERMS OF THIS SECTION SHALL GOVERN OVER ANY CONTRARY VERBAL
STATEMENTS OR LANGUAGE APPEARING IN ANY Program Administrator’s OTHER DOCUMENTS.
b) Neither the Program Administrator nor any of its employees or contractors is responsible for determining that the design, engineering or
installation of the DRMs is proper or complies with any particular laws, codes, or industry standards. The Program Administrator does not
make any representations of any kind regarding the benefits or energy savings and/or demand reduction to be achieved by the DRMs or the
adequacy or safety of the DRMs.
c) Customer agrees that he or she is responsible (directly‐based on its own judgment or indirectly‐based on the advice of an independent expert
but not the Program Administrator) for all aspects of the DRMs and related work including, but not limited to: selecting the equipment;
selecting contractors to perform the work; inspecting the work and the equipment; ensuring that the equipment is in good working order and
condition; ensuring that the equipment is of the manufacture, design specifications, size and capacity selected by the Customer and/or their
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