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<br />________________________________________________________________________________________________________ <br /> Page 10 of 27 <br /> <br /> <br />GG. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all <br />or part of those services under this Contract under a separate contract with the Contractor. The <br />terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. <br />HH. “Successful charging session" shall mean an incident when, following a charge attempt, a <br />customer’s electric vehicle battery is charged to the state of charge the customer desires and <br />is disconnected manually by the customer or by the EV’s onboard software system terminating <br />the charging session, without an additional charge attempt. <br />II. “UL" shall mean the entity, formerly known as “Underwriters Laboratories”, that provides testing <br />and certifications for product safety. Level 2 EVSE must meet UL 2594 certification, and DCFC <br />EVSE must meet UL 2202 or UL 9741, as determ ined by a nationally recognized testing <br />laboratory (NRTL) participating in the Occupational Safety and Health Administration NRTL <br />program. <br />JJ. “Underserved community" shall mean a Census tract with a rating of 9 or 10 on the <br />“underserved” scoring factor as def ined in the application manual and determined on the public <br />mapping tool. <br />KK. “Uptime" shall mean time during which a charging port is operational as defined in <br />ATTACHMENT A: SCOPE OF WORK <br />2. ALL WRITINGS CONTAINED HEREIN <br />This Contract contains all the terms and conditions agreed upon by the parties. No other <br />understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to <br />exist or to bind any of the parties hereto. <br />3. AMENDMENTS <br />This Contract may be amended by mutual agreement of the parties. Such amendments shall not be <br />binding unless they are in writing and signed by personnel authorized to bind each of the parties. <br />4. ASSIGNMENT <br />Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred <br />or assigned by the Contractor without prior written consent of COMMERCE. <br />5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION <br />A. “Confidential Information” as used in this section includes: <br /> <br />i. All material provided to the Contractor by COMMERCE that is designated as “confidential” <br />by COMMERCE; <br /> <br />ii. All material produced by the Contractor that is designated as “confidential” by <br />COMMERCE; and <br /> <br />iii. All Personal Information in the possession of the Contractor that may not be disclosed <br />under state or federal law. <br /> <br />B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, <br />sale, or disclosure of Confidential Information. The Contractor shall use Confidential <br />Information solely for the purposes of this Contract and shall n ot use, share, transfer, sell or <br />disclose any Confidential Information to any third party except with the prior written consent of <br />COMMERCE or as may be required by law. The Contractor shall take all necessary steps to <br />assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, <br />transfer, sale or disclosure of Confidential Information or violation of any state or federal laws <br />related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and <br />procedures on confidentiality. COMMERCE may require changes to such policies and <br />procedures as they apply to this Contract whenever COMMERCE reasonably determines that <br />changes are necessary to prevent unauthorized disclosures. The Contractor shall make the <br />Docusign Envelope ID: 9CA32415-9130-4D24-B542-1ED1AA5501F1