Snohomish County Public Utility District 4/9/2017

6. WEC Training Workshops — END USER shall assign two to four employees involved in the operation and/or maintenance of END USER's wastewater treatment plant to attend five WEC training workshops. Each WEC Workshop will be five to eight hours in duration. 7. WEC Site Visits — END USER shall schedule two to four (2-4) technical support site visits by WEC provider. The site visits shall occur at the END USER's plant and are intended to provide END USERs with support to identify and implement energy efficiency Action Items. 8. Action Item Implementation — END USER shall work with WEC Provider to implement energy efficiency Action Items at END USER's site between training workshops. END USER shall maintain records of the cost to implement Action Items approved by WEC provider. 9. The WEC Provider will work with END USER to compile two annual WEC Completion Reports that document energy savings achieved, changes implemented, and if applicable, implementation costs. UTILITY will subsequently report energy savings in the BPA reporting system (IS2.0 or its successor). Energy savings will be verified based on the latest revision of BPA's MT&R Guidelines document and will not include savings from any projects that have received or will receive funding from other BPA or UTILITY programs. Reported energy savings and any associated costs must be approved by BPA in order to qualify for incentives. 10. CONFIDENTIALITY a. CONFIDENTIALITY OBLIGATIONS Subject to the requirements of the Washington Public Records Act, RCW Chapter 42.56, and other applicable law and the provisions of this Agreement, the Parties agree to maintain the confidentiality of each and all of the information designated in writing as confidential by the other Party and shall not disclose such confidential information except as allowed under the provisions of this Section 10. The Parties shall take all reasonable and legally available steps to prevent the release of such confidential information to any party other than the signatories to this Agreement, and designated personnel, agents, and subcontractors of any of the Parties with a specific need to know such confidential information for the purposes permitted hereunder. Upon the expiration or termination of this Agreement for any reason, a Party shall upon request of the other Party return to the requesting Party any such confidential information which may be in its possession or control, and which has been properly designated as confidential by the requesting Party; provided, however, that the Party shall not be required to return the requested information if said information is subject to: a pending public record request; litigation involving the non-requesting Party; a court order against/involving the non- requesting Party; and/or similar circumstances. b. INFORMATION NOT SUBJECT TO SECTION 10 The provisions of this Section 10 shall not be applicable to information which (i) is or becomes generally available to the public other than as a direct or indirect result of an intentional or inadvertent disclosure by the receiving Party or anyone to whom the receiving Party transmits the information, (ii) was in the possession of the receiving Party prior to its disclosure to the receiving by the disclosing Party, provided that such information is not known to the receiving Party to be subject to another confidentiality agreement with, or other obligation of secrecy to, the disclosing Party or another party, (iii) becomes available to the receiving Party from a source other than the disclosing Party, provided that such source is not known to the receiving Party to be subject to another confidentiality agreement with, or other obligation of secrecy to, the disclosing Party or another Party, or (iv) is independently developed by the receiving Party, other than in connection with this Agreement. Energy Smart Industrial SEM Funding Agreement,7-29-2016 2 EPA ENERGY EFFICIENCY JRK 1.13.2017