2011/09/14 Council Agenda Packet

9 tion of this Contract, any energy balance remains in favor of Customer under the terms of this Section III, that energy balance shall be monetized using the cost of energy only contained in the PUD rate schedule then appli- cable to Customer and the customer shall be paid that monetized amount. IV. ACCESS A. Emergency Access: The PUD shall have the right at any time during a PUD electric system emergency or when the PUD reasonably believes a hazardous condition exists to enter Customer's premises to address any problem or condition reasonably related to the electric system emergency or to relieve the hazard- ous condition. B. Routine Access: In addition to the PUD's access rights established under the PUD's Customer Service Regulations, Customer shall at all reasonable times provide access to authorized PUD personnel to in- spect or test the Generator and all related equipment and wiring provided that the PUD provides at least twenty- four(24)hours' notice to the Customer and schedules access at a mutually convenient time. V. INVESTMENT COST RECOVERY INCENTIVE. Customer has elected to participate in the in- vestment cost recovery incentive for renewable energy resources under the RCW Sections 82.16.110 through 82.16.130 providing incentives for the production of certain forms of renewable energy. Customer therefore agrees to the additional terms set forth in Addendum 1,which is specifically incorporated herein. V I. INDEMNITY. Customer hereby indemnifies and agrees to hold harmless and release the PUD and its elected and other officials, officers, employees and agents and each of the heirs, personal representatives, suc- cessors and assigns of any of the foregoing from and against any and all losses, claims, damages, costs, de- mands, fines,judgments, penalties, obligations, payments and liabilities, together with any reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and out of pocket expenses and reasonable costs and expenses of investigation) incurred in connection with any of the foregoing, resulting from, relating to or arising out of or in connection with: (i) any failure or abnormality in the operation of Customer's Generator or any related equipment; (ii) any failure of the Customer to comply with the standards, specifications, or re- quirements referenced in Paragraphs II or IV of this Agreement or Exhibits A and B of this Agreement which results in abnormal voltages or voltage fluctuations, abnormal changes in the harmonic content of the generating facility output, single phasing, or any other abnormality related to the quantity or quality of the power produced by the generating facility; (iii) any failure of Customer duly to perform or observe any term, provision, cove- nant, agreement or condition hereunder to be performed or observed by or on behalf of Customer or (iv) any negligence or intentional misconduct of Customer related to operation of the Generator or any associated equipment or wiring. The indemnification obligations of Customer under this Agreement shall not be limited in any way by insurance or any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefits acts or other employee benefits acts. With respect to any portions of this Agreement subject to Section 4.24.115 of the R.C.W., in the event of any concurrent negligence on the part of the PUD and Customer, the indemnification obligations of the indemnitor under this Agreement shall be valid and enforceable only to the extent allowed under R.C.W. § 4.24.115. V II. DISCONNECTION. Customer may disconnect the Generator at any time upon expiration of the Cus- tomer Obligation Period and thirty (30) days' notice to the PUD. This Agreement shall terminate upon perma- nent physical removal of facilities necessary to interconnect the Generator with the PUD's electric system, pro- vided that any payment obligation arising under Section III and any indemnification obligation arising under Section V before the termination of this Contract shall survive such termination and shall continue in force until I Snohomish County PUD Net Metering Agreement Rev.4/2011 4 Reviewed: ALS 6-27-11