7
Disputes/Governing Law
This application shall be exclusively governed by and interpreted in accordance with the laws of the State of Illinois.
Any litigation between the parties shall be prosecuted only in the state or federal courts located in Cook County,
Illinois.
Toxic Materials
Neither ComEd, nor its consultants, contractors and/or subcontractors, shall have any responsibility for the discovery,
presence, handling, removal, disposal of, or exposure to hazardous materials of any kind in connection with customer’s
facility, including without limitation, asbestos, asbestos products, PCBs or any other toxic substances.
Limitations Of Liability
The customer shall independently evaluate any advice or information offered by ComEd related to estimates of
electricity savings or program costs and is solely responsible for the selection and implementation of Energy
Conservation Measures (ECMs).
IN NO EVENT WILL ComEd, ITS CONSULTANTS, CONTRACTORS AND/OR SUBCONTRACTORS, BE LIABLE
FOR THE CUSTOMER’S FAILURE TO ACHIEVE A SPECIFIED AMOUNT OF ENERGY SAVINGS, THE
OPERATION OF CUSTOMER’S FACILITIES, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND IN CONNECTION WITH THIS AGREEMENT OR THE IMPLEMENTATION OF ECMs AT CUSTOMER’S
FACILITIES. IN NO EVENT WILL ComEd BE LIABLE TO THE CUSTOMER FOR ANY LOST PROFITS, LOST
SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE
CUSTOMER’S PARTICIPATION IN THIS PROGRAM. THE STATE OF ILLINOIS EXEMPTS ITSELF FROM ANY
CLAIMS, DEMAND, AND ACTIONS BASED UPON OR ARISING OUT OF ANY SERVICES PERFORMED FOR
THE PROGRAM.
Each party hereby agrees to defend, indemnify and hold harmless the other party, its consultants, contractors and
subcontractors, and their respective ofcers, employees, agents, assigns, and successors-in-interest (“Indemnied
Parties”) from and against any third-party claims, damages, losses, liability, costs (including attorney’s fees and
expenses) for bodily injury to any person (including death resulting therefrom) and property damage arising out of or
in connection with the program, except to the extent such claims, damages, losses, liability and costs are caused by the
other party.
Disclaimer
ComEd, in its sole discretion, may change any of the terms and/or conditions of this program upon thirty (30) days
written notice to customer and/or Energy Efciency Service Provider.
ComEd does not guarantee that certain energy savings will be achieved and does not make any warranties associated
with the measures eligible for incentives under this program. ComEd has no obligations regarding, and does not
endorse or guarantee, any claims, promises, representations, or work made or performed, or equipment furnished or
installed by any contractors, subcontractors, or vendors that sell or install energy efciency measures.
The customer shall be entitled to the energy cost savings realized by the customer that result from the installation of
ECMs at the customer’s site. In consideration of the services provided by ComEd as part of this program, the
customer agrees that ComEd is entitled to 100 percent of the rights and benets associated with the measures,
including without limitation PJM products and all other attributes, credits or products associated therewith under
any regional initiative or federal, state or local law, program or regulation, and customer waives, and agrees not to
seek, any right to the same.
GROCERY PRE-APPROVAL AND
FINAL APPLICATION
January 1, 2021 through December 31, 2021