Snohomish County PUD 2/23/2023 - Laserfiche WebLink

its elected officials, officers, employees, agents and/or other District service providers and its employees ad agents. 2) Participant hereby releases and forever discharges the District, and its elected officials, officers, employees, agents, and other District service providers of and from any and all claims causes of action, obligations, demands and liabilities, of every name and nature, both in law and at equity, known and unknown, arising from or in connection with participation in the TOD Program, except that this release and discharge shall not apply to claims, causes of action, obligations, demand and liabilities arising from the sole negligence of District, and its elected officials, officers, employees, agents and other District service providers. 3) Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification by any third party. 4) The provisions of this Release and Indemnification section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. E. OWNERSHIP OF MATERIALS AND PUBLICITY Participant also agrees that: 1) The District shall own all materials prepared for Participants in connection with the TOD Program, including reports. Except as otherwise required by law, the District agrees not to disclose identifiable individual Participant energy usage or savings metrics without Participant's express permission. Participant recognizes that the District is a Washington municipal corporation and is subject to the Washington Public Records Act, R.C.W. Chapter 42.56. The District shall have no liability whatsoever to Participant or any other person for or as a result of any public disclosure or copying of any materials when, in the opinion of District's counsel, the District is compelled to permit such disclosure or copying or else risk civil or criminal liability of penalty. 2) Participant shall not distribute any reports publicly without prior written permission from the District. Participants may distribute reports pi epared by their employees in connection with the TOD Program to potential employers, customers and other interested parties for the purpose of recognizing their participation, encouraging energy efficiency, demand management activities and any other community promotion activities. 3) The District has Participant's permission to photograph and/or record Participant's employees during Participant's participation in the TOD Program, and to use their name and likeness in connection with its promotion and administration of the TOD Program. F. TERM, TERMINATION AND OTHER TERMS AND CONDITIONS 1) This Agreement shall be in effect from 2/10/2023 to 12/31/2024 unless sooner terminated by either party. 2) Participant or the District may terminate this Agreement at any time upon written notice of termination to the other party. 3) The failure of either party to insist upon or enforce strict performance by the other arty of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver of relinquishment to any extent of the first party s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. 4) The parties understand and agree that this document constitutes the whole agreement between them and supersedes all other prior agreements and understandings, whether oral or written, with regard Time of Day Pilot Customer Participant Agreement -- Draft Execution Final Dec 2, 2022 3 of 6