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PSE PUGET SOUND ENERGY Conservation Schedule G250 <br /> Agreement No.: C-16376 <br /> Project No.: 093-5434 <br /> CONSERVATION <br /> GRANT AGREEMENT <br /> 4. Separate Contract.Participant acknowledges and agrees that PSE is not,and shall not be deemed to be,a party <br /> to any purchase or installation contract relating to Conservation Measures,which shall be installed pursuant to a <br /> contract between Participant and its Contractor(s).Participant expressly acknowledges that PSE's involvement <br /> with respect to any aspect of the Conservation Measures is limited to the furnishing of the Grant. PSE HAS NOT <br /> MADE AND DOES NOT MAKE(AND PARTICIPANT ACKNOWLEDGES THAT PSE DOES NOT <br /> MAKE)ANY IMPLIED OR EXPRESS WARRANTY(INCLUDING BUT NOT LIMITED TO ANY <br /> IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS)REPRESENTATION,OR PROMISE <br /> WITH RESPECT TO EITHER(A)THE CONSERVATION MEASURES,(B)ANY MATERIALS AND <br /> LABOR REQUIRED FOR OR USED IN THE INSTALLATION OF THE CONSERVATION <br /> MEASURES,OR(C)THE INSTALLATION OF THE CONSERVATION MEASURES. <br /> 5. Final Cost Documentation,Access& Inspection: Participant agrees to promptly provide PSE,upon request,and <br /> for a period no shorter than the longest applicable measure life:(1)documentation verifying equipment purchased <br /> and/or work performed in connection with the Conservation Measures installed;(2)reasonable access to and <br /> inspection of the Facility and Conservation Measures installed therein before,during and/or after implementation; <br /> and(3)reasonable access to,inspection and use of energy usage data related to the Conservation Measures <br /> including release of utility bills and Facility energy consumption information following implementation. <br /> 6. Release.Participant releases PSE from any and all claims,losses,harm,costs,liabilities,damages and expenses <br /> directly or indirectly resulting from or in connection with(a)the Conservation Measures,(b)any materials and <br /> labor required for or used in the installation of the Conservation Measures,(c)the installation of the Conservation <br /> Measures,or(d)the identification,handling and 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 <br /> conservation 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 conservation <br /> measures and not to be used for any other purpose.PSE has not and does not make any promise,warranty or <br /> representation with respect to any savings in energy consumption from Conservation 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 <br /> than 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 Conservation Measure(s)multiplied by the dollar amount of the <br /> Grant with respect to such Conservation Measure(s). <br /> 9. Incorporation of tariffs by reference.This Agreement and the Attachment To Conservation Grant are subject to <br /> the terms of the Tariffs,incorporated herein by reference. Specific terms and conditions from one or more <br /> conservation schedules from similar filed tariffs may also apply,as determined by PSE at its sole discretion,based <br /> on various criteria.A complete list of conservation schedules is available at: <br /> http://pse.com/aboutpse/Rates/Pages/Electric-Rate-Schedules.aspx?Schedule x0020 Type=Conservation. <br /> 10. Entire Agreement.This Agreement and its attachments set forth the entire agreement between the parties and <br /> supersede any and all prior agreements with respect to the Conservation Measures.No change,amendment or <br /> modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both <br /> parties. <br /> 4386 4/13 Agreement No.C-16376 Page 2 of 3 <br />