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.FEASIBILITY, OPERATIONAL CAPABILITY, OR RELIABILITY OF THE PRO. dCT OR SOLUTIONS, NOR SHALL THE APPLICANT, IN ANYWAY, MAKE SUCH A REPRESENTATION TO A THIRD PARTY. APPLICANT IS SOLELY RESPONSIBLE FOR THE ECONOMIC AND TECHNICAL FEASIBILITY, CONSTRUCTION, OPERATIONAL CAPABILITY AND RELIABILITY OF APPLICANT'S PROJECT AND SOLUTIONS. SCE MAKES NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, USE OR APPLICATION. 7.11 PAYMENTS Payment of incentives will be made only after all Program requirements are met by Applicant to SCE's sole satisfaction.,Payrnent of_ Incentives will be made as designated by Customer in Section 8 of the Application. 7.1 SCE retains sole discretion to determine the appropriate baseline values and energy savings calculations used to determine incentive payments. incentives shall only be paid on projects that exceed the baseline performance standards applicable when this Agreement 1s signed. SCE reserves the right to modify or cancel the incentive amount if the actual solution Installed differs from the Installation as set forth In this Agreement. 7.2 The total Incentive payment under the Calculated Savings Approach or Measured Savings Approach shall not exceed the total Incentive in, the Final Approved Savings Estimate (as presented on Page 2 of this Agreement). However, projects may (at the discretion of SCE) be eligible for Incentive payments in excess of the Final Approved Savings Estimate if the project results In: (a) Increased actual energy savings resulting from the installation of a greater quantity of the approved solutions (as outlined In SCE's acceptance letter); (b) increased actual energy savings resulting from greater efficiencies than estimated (as outlined In the SCE acceptance letter), and/or (c) greater actual project costs than originally estimated. Partnership Incentive levels and Incentive caps shall apply according to the terms of the applicable Partnership Agreement. The total Incentive payment shall not exceed the total project cost as defined in the Program Manual. 7.3 Energy savings for which Incentives are pald cannot exceed the actual electric usage for each SCE Customer service account for which Incentives are being requested. Non -SCE supply, such as cogeneration or deliveries from another commodity supplier, does not qualify as usage from SCE (with the exception of Direct Access customers or customers paying departing load fees for which SCE collects PGC surcharges). 7A SCE will make the applicable Incentive payment to the designated payee, in one or more installments, only after all required andlor requested documents have been submitted to, and approved by, SCE, and the appropriate Inspection(s) of the project or project site have been completed In accordance with the Program rules set forth in the Program Manual, 7.5 Except as provided below, ail projects and/or solutions must be completely Installed and fully operational one year from SCE's written project Application approval date to be eligible for incentive prorated Incentive payments, and/or terminate this Agreement if the project is not completely installed and fully operational by the applicable date as indicated above, unless an installation extension is granted by SCE. - 8.0 PAYMENT DISQUALIFICATION Any incentives received by Applicant shall be repaid to SCE, In whole or in part, as follows: 8.1 If Customer falls to pay the PGC surcharge throughout the Term of this Agreement. In this event, the total estimated amount of the Incentives shall be prorated and any incentive payment shall be based on the energy savings that occur during the payment of the PGC surcharge. 8.2 If (1) Customer does not provide SCE with 100% of the related energy benefits specified In this Agreement for the life of the product or for a period of five (5) years from receipt of the Incentive, whichever Is less, or (2) the energy benefit to SCE ceases In any way, Including but not limited to Customer and /or the project site ceasing to receive electricity from SCE, the solution, equipment andlor project ceasing to function, or Customer ceasing the use of the equipment, solution or project site.