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4384 4/17 Page 3 of 4 <br />Conservation Program: SEM <br />Agreement No.: 2 <br />Project No.: P_1398742 <br />Champion”). Participant acknowledges and agrees that PSE is not, and shall not be deemed to be, a party to any <br />purchase, installation, or implementation contract. All obligations to any SEM Energy Champion pursuant to any such <br />contract shall be Participant’s responsibility. Participant expressly acknowledges that PSE’s involvement with respect to <br />any aspect of the Strategic Energy Management Measures is limited to the furnishing of the Incentive Agreement. PSE <br />HAS NOT MADE AND DOES NOT MAKE (AND PARTICIPANT ACKNOWLEDGES THAT PSE <br />DOES NOT MAKE) ANY IMPLIED OR EXPRESS WARRANTY (INCLUDING BUT NOT LIMITED <br />TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS) REPRESENTATION, OR <br />PROMISE WITH RESPECT TO EITHER (A) THE STRATEGIC ENERGY MANAGEMENT <br />MEASURES, (B) ANY MATERIALS AND LABOR REQUIRED FOR OR USED IN THE <br />IMPLEMENTATION OF THE STRATEGIC ENERGY MANAGEMENT MEASURES, OR (C) THE <br />INSTALLATION OR IMPLEMENTATION OF THE STRATEGIC ENERGY MANAGEMENT <br />MEASURES. <br />5.Final Cost Documentation, Access & Inspection: Participant agrees to promptly provide PSE, upon request, and for a <br />period no shorter than the longest applicable measure life: (1) documentation verifying equipment purchased and/or <br />work performed in connection with the Strategic Energy Management Measures installed or implemented; (2) <br />reasonable access to and inspection of the Facility and Strategic Energy Management Measures installed therein before, <br />during and/or after implementation; and (3) reasonable access to, inspection and use of energy usage data related to the <br />Strategic Energy Management Measures including release of utility bills and Facility energy consumption information <br />following implementation. <br />6.Release. Participant releases PSE from any and all claims, losses, harm, costs, liabilities, damages and expenses directly <br />or indirectly resulting from or in connection with (a) the Strategic Energy Management Measures, (b) any materials and <br />labor required for or used in the installation or implementation of the Strategic Energy Management Measures, (c) the <br />installation or implementation of the Strategic Energy Management Measures, or (d) the identification, handling and <br />disposal of any associated hazardous waste materials. <br />7.Disclaimer. PSE conducts energy analyses at the request of its customers to determine the extent to which Strategic <br />Energy Management measures are cost–effective. Any estimate of energy savings made by PSE in connection with any <br />such analyses is solely for the purpose of determining the cost–effectiveness of the particular Strategic Energy <br />Management Measures and not to be used for any other purpose. PSE has not and does not make any promise, warranty <br />or representation with respect to any savings in energy consumption from Strategic Energy Management Measures. <br />8.Termination. In the event a Participant’s contribution to PSE's recovery of energy efficiency program costs is <br />affected by all or a portion of Participant’s electric and/or gas delivery service being provided by a party other than <br />PSE, then Participant shall refund to PSE an amount equal to the ratio of the unused Measure Life of the <br />measure(s) to the total Measure Life of such Strategic Energy Management Measures multiplied by the dollar <br />amount of the Incentive with respect to such Strategic Energy Management Measures. The Strategic Energy <br />Management Incentive agreement may be reviewed annually to determine the cost-effectiveness and assess <br />continuance. Either party may terminate this agreement with 30 days notice to the other parties. <br />9.Incorporation of tariffs by reference. This Agreement along with Attachment A: Scope of Work and Attachment <br />B: List of Facilities are subject to the terms of the filed Tariffs, which are incorporated herein by this reference. <br />Specific terms and conditions from one or more conservation schedules from similar filed tariffs may also apply, as <br />determined by PSE at its sole discretion, based on various criteria. A complete list of conservation schedules is available <br />at: <br />https://www.pse.com/en/pages/rates/electric-tariffs-and-rules <br />10.Entire Agreement. This Agreement sets forth the entire agreement between the parties and supersedes any and all <br />prior agreements with respect to the Strategic Energy Management Measures identified herein. No change, <br />amendment or modification of any provision of this Agreement shall be valid unless set forth in writing and signed <br />by both parties.