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6. CWEC Training Workshops — END USER shall assign two to four employees involved in the operation <br /> and/or maintenance of END USER's water treatment plant to attend seven CWEC training workshops(Five <br /> in Year 1 and Two in Year 2). Each CWEC Workshop will be five to eight hours in duration. <br /> 7. CWEC Site Visits — END USER shall schedule one to four (1-4) technical support site visits by CWEC <br /> provider. The site visits shall occur at the END USER's plant and are intended to provide END USERs with <br /> support to identify and implement energy efficiency Action Items. Regular remote technical support will be <br /> provided in-between site visits. <br /> 8. Action Item Implementation — END USER shall work with CWEC Provider to implement energy efficiency <br /> Action Items at END USER's site between training workshops. END USER shall maintain records of the <br /> cost to implement Action Items approved by CWEC provider. <br /> 9. The CWEC Provider will work with END USER to compile two annual CWEC Completion Reports (one for <br /> each year) that document energy savings achieved, changes implemented, and if applicable, <br /> implementation costs. UTILITY will subsequently report energy savings in the BPA reporting system (IS2.0 <br /> or its successor). Energy savings will be verified based on the latest revision of BPA's MT&R Guidelines <br /> document and will not include savings from any projects that have received or will receive funding from <br /> other BPA or UTILITY programs. Reported energy savings and any associated costs must be approved by <br /> BPA in order to qualify for incentives. <br /> 10. CONFIDENTIALITY <br /> a. CONFIDENTIALITY OBLIGATIONS <br /> Subject to the requirements of the Washington Public Records Act, RCW Chapter 42.56, and other <br /> applicable law and the provisions of this Agreement, the Parties agree to maintain the confidentiality of <br /> each and all of the information designated in writing as confidential by the other Party and shall not <br /> disclose such confidential information except as allowed under the provisions of this Section 10. The <br /> Parties shall take all reasonable and legally available steps to prevent the release of such confidential <br /> information to any party other than the signatories to this Agreement, and designated personnel, <br /> agents, and subcontractors of any of the Parties with a specific need to know such confidential <br /> information for the purposes permitted hereunder. Upon the expiration or termination of this Agreement <br /> for any reason, a Party shall upon request of the other Party return to the requesting Party any such <br /> confidential information which may be in its possession or control, and which has been properly <br /> designated as confidential by the requesting Party; provided, however, that the Party shall not be <br /> required to return the requested information if said information is subject to: a pending public record <br /> request; litigation involving the non-requesting Party;a court order against/involving the non-requesting <br /> Party; and/or similar circumstances. <br /> b. INFORMATION NOT SUBJECT TO SECTION 10 <br /> The provisions of this Section 10 shall not be applicable to information which (i)is or becomes generally <br /> available to the public other than as a direct or indirect result of an intentional or inadvertent disclosure <br /> by the receiving Party or anyone to whom the receiving Party transmits the information, (ii)was in the <br /> possession of the receiving Party prior to its disclosure to the receiving by the disclosing Party, provided <br /> that such information is not known to the receiving Party to be subject to another confidentiality <br /> agreement with, or other obligation of secrecy to, the disclosing Party or another party, (iii) becomes <br /> available to the receiving Party from a source other than the disclosing Party, provided that such source <br /> is not known to the receiving Party to be subject to another confidentiality agreement with, or other <br /> obligation of secrecy to, the disclosing Party or another Party, or(iv) is independently developed by the <br /> receiving Party, other than in connection with this Agreement. <br /> Energy Smart <br /> Industrial <br /> SEM Funding Agreement 2 <br /> Reviewed by JK 20210615 <br />