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.FEASIBILITY, OPERATIONAL CHFJABiLITY, OR RELIABILITY OF THE PRU,,dCT OR SOLUTIONS, NOR SHALL <br />THE APPLICANT, IN ANYWAY, MAKE SUCH A REPRESENTATION TO A THIRD PARTY. APPLICANT IS <br />SOLELY RESPONSIBLE FOR THE ECONOMIC AND TECHNICAL FEASIBILITY, CONSTRUCTION, <br />OPERATIONAL CAPABILITY AND RELIABILITY OF APPLICANT'S PROJECT AND SOLUTIONS. SCE MAKES <br />NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE <br />IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, USE OR <br />APPLICATION. <br />7.01PAYli ENTS Payment of incentives will be made only after all Program requirements are met by Applicant to <br />SCE's sole satlsfaction..Payment of. Incentives will be made as designated by Customer in Section 8 of the <br />Application. <br />7.1 SCE retains sole discretion to determine the appropriate baseline values and energy savings <br />calculations used to determine Incentive payments. Incentives shall only be paid on projects that exceed <br />the baseline performance standards applicable when this Agreement Is signed. SCE reserves the right to <br />modify or cancel the incentive amount If the actual solution installed differs from the 'Instailation as set forth <br />In this Agreement. <br />7.2 The total Incentive payment under the Calculated Savings Approach or Measured Savings Approach <br />shall not exceed the total Incentive in-the Final Approved Savings Estimate (as presented on Page 2 of this <br />Agreement}. However, projects may (at the discretion of SCE) be eligible for Incentive payments in excess <br />of the Final Approved Savings Estimate if the project results in: (a) increased actual energy savings <br />resulting from the installation of a greater quantity of the approved solutions (as outlined in SCE's <br />acceptance letter); (b) Increased actual energy savings resulting from greater efficiencies than estimated <br />(as outlined In the SCE acceptance letter); and/or (c) greater actual project costs than originally <br />estimated. <br />Partnership incentive levels and Incentive caps shall apply according to the terms of the applicable <br />Partnership Agreement. The total incentive payment shall not exceed the total project cost as defined in <br />the Program Manual. <br />7.3 Energy savings for which Incentives are paid cannot exceed the actual electric usage for each SCE <br />Customer service account for which Incentives are being requested. Non -SCE supply, such as <br />cogeneration or deliveries from another commodity supplier, does not qualify as usage from SCE (with the <br />exception of Direct Access customers or customers paying departing load fees for which SCE collects <br />PGC surcharges). <br />7A SCE will mace the applicable Incentive payment to the designated payee, in one or more installments, <br />only after all required and/or requested documents have been submitted to, and approved by, SCE, and <br />the appropriate inspection(s) of the project or project site have been completed in accordance, with the <br />Program rules set forth In the Program Manual, <br />7.5 Except as provided below, all projects and /or solutions must be completely installed and fully <br />operational one year from SCE's written project Application approval date to be eligible for incentive ! <br />prorated Incentive payments, and/or terminate this Agreement if the project is not completely Installed and <br />fully operational by the applicable date as Indicated above, unless an installation extension is granted by <br />SCE. <br />8.0 PAYMENT DISQUALIFICATION Any Incentives received by Applicant shall be repaid to SCE, In whole or in <br />part, as follows: <br />8.1 If Customer fails to pay the PGC surcharge throughout the Term of this Agreement. In this event, the <br />total estimated amount of the Incentives shall be prorated and any Incentive payment shall be based on <br />the energy savings that occur during the payment of the PGC surcharge. <br />8.2 If (1) Customer does not provide SCE with 100% of the related energy benefits specified In this <br />Agreement for the life of the product or for a period of five (5) years from receipt of the incentive, <br />whichever Is less, or (2) the energy benefit to SCE ceases in any way, Including but not limited to <br />Customer and/or the project site ceasing to receive electricity from SCE, the solution, equipment and/or <br />project ceasing to function, or Customer ceasing the use of the equipment, solution or project site. <br />