E. Amendments
This Program agreement or associated timelines are subject to change by the City of
Plano without notice.
F. Disclaimer and Indemnification
THE CITY IS NOT A PARTY TO THE CONTRACT BETWEEN PARTICIPANT AND
AUDITOR/CONTRACTOR. THE CITY AND ITS RERESENTATIVES ARE SOLELY
ENERGY EFFICIENCY PROGRAM ADMINISTRATORS AND AS SUCH ARE
REQUIRED TO PROVIDE INFORMATION AND MONITOR COMPLIANE WITH CITY
AND FEDERAL POLICIES AND REGULATIONS IN THE ADMINISTRATION OF THE
PROGRAM. ANY INFORMATION PROVIDED BY THE CITY TO PARTICIPANT DOES
NOT CONSTITUTE LEGAL ADVICE TO PARTICIPANT AND IS FOR
INFORMATIONAL PURPOSES ONLY. ANY DISPUTES, DISAGREEMENTS, FINES,
CLAIMS, OR LAWSUITS ARISING OUT OF THE PROJECT BETWEEN OWNER AND
AUDITOR/CONTRACTOR ARE THE SOLE RESPONSIBILITY OF THE OWNER AND
OWNER EXPRESSLY AGREES TO INDEMNIFY, RELEASE, AND HOLD HARMLESS
CITY FROM SAME.
PARTICIPANT AGREES THAT IT IS HIS/HER RESPONSIBILITY TO SEE THAT THE
AUDITOR/CONTRACTOR COMPLETES THE WORK SPECIFIED AND THAT CITY
HAS NOT RESPONSIBILITY FOR ANY FAULTY OR INCOMPLETE WORK OF THE
AUDITOR/CONTRACTOR. PARTICIPANT ALSO AGREES THAT HIDDEN OR
LATENT CONDITIONS ARE NOT THE RESPONSIBILITY OF THE CITY, NOR IS CITY
LIABLE FOR SUCH CONDITIONS. PARTICIPANT AGREES TO RELEASE THE CITY
AGAINST ANY CLAIMS, FINES, DAMAGES, PENALTIES, LAWSUITS OR
JUDGEMENTS ARISING OUT OF THE SMART ENERGY LOAN PROGRAM AND
AUDITORS AND/OR CONTRACTOR’S RECOMMENDATIONS OR WORK.
G. Federal Requirements
The American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates
funding for the Department of Energy (DOE) to issue/award formula-based grants to
states, U.S. territories, units of local government, and Indian tribes under the Energy
Efficiency and Conservation Block Grant (EECBG) Program. The City received money
for the Smart Energy Loan Program from the EECBG Program. Be advised that special
terms and conditions may apply to projects funded by the Act such as the following:
a. Historic Buildings – Depending on the age, location, and historical
structure of a facility receiving EECBG funds, potential EECBG projects
may be screened to identify any proposed projects that might have an
“adverse effect” on a historic property. Participant shall cooperate with
the City to determine if there are any historical property issues.
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