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if it was upgraded to participate in the TOD Program; <br />4) Provide any insights derived from review of Participant's energy usage data back to the Participant; <br />5) When necessary, installation of metering upgrades for the duration of this Agreement that enable the <br />recording and transfer of Participant's facility energy and interval demand data from the meter to the <br />Internet, and <br />6) Access to District staff to assist Participant in interpreting the energy interval demand data and to <br />pass on benefits that other TOD Program participants identify. <br />B. PARTICIPANT OBLIGATIONS <br />Participant agrees to the following: <br />1) Allow access to building energy use and interval demand data at the meter level to the District's <br />service provider for display of that energy use data on a secure Internet website (Participant to sign <br />Exhibit 2 Customer Authorization to Release Information for Non-PUD Business); <br />2) Enroll in TOD Program by choosing either Opt -In with Rate Comparison (by using the enrollment <br />form in the attached Exhibit 1), or Rate Comparison Only options as described above; <br />3) Abide by the terms of the TOD Schedule if Participant chooses the Opt -In with Rate Comparison. <br />4) Provide access to buildings for energy -efficiency surveyors and controls equipment installers, if <br />needed, at a time to be scheduled by the Distnct or its designee with Participant, <br />5) Respond to short surveys about Participant's experience in the TOD Program; <br />6) Allow the Dist ict and/or its contractor access to employees for completion of a pre- and post-TOD <br />Program participation survey; <br />7) Consider transferring to a District Commission approved TOD Schedule, if Commission approval is <br />given m a manner to be in effect at the time participant becomes active in this Pilot; and <br />8) Participation will not involve use of Participant's fossil fuel backup generation specifically to <br />reduce energy and demand usage during above noted peak load periods as part of this TOD <br />Program. <br />C. INSTALLATION AND OWNERSHIP OF EQUIPMENT <br />The District, or a District contracted installer, may install an upgraded meter with connectivity (if required, <br />as determined by District) at the Participant's location. The meter will remain at said location for the duration <br />of the Term of this Agreement. The District owns the Equipment. Participant agrees to provide the District, <br />or a District contracted installer, with reasonable access to the equipment throughout the Term, and will <br />provide the District, or a District contracted installer, with reasonable access to remove the equipment upon <br />termination of this Agreement. <br />D. RELEASE AND INDEMNIFICATION <br />1) The Participant agrees to defend, indemnify and hold hauiiless the District and its elected officials, <br />officers, employees, agents, and other District service providers tom and against any and all losses, <br />liabilities, damages, costs, expenses (including reasonable attorney's fees and expenses) claims or <br />judgments arising out of or in connection with any negligent act and/or omission of Participant and/or <br />its officers, employees and agents related to participation in the TOD Program; provided, that <br />Participant shall not have any indemnification and hold harmless obligation to the District for claims, <br />causes of action, obhgations, demand and liabilities arising from the sole negligence of Distnct, and <br />Time of Day Pilot Customer Participant Agreement -- Draft Execution Final Dec 2, 2022 2 of 6 <br />