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3.0 ELIGIBILITY Program funding is limited and is available on a first -come, first - served basis. <br />Funds will be reserved only upon both SCE's written approval of the Application and SCE's execution of <br />this Agreement. Projects must meet the following requirements to be eligible for payment of Program <br />incentives ( "Incentive(s) "): (1) Project site must be a nonresidential facility located within SCE's service <br />territory; (2) SCE Customers must pay the Public Goods Charge ( "PGC ") on the SCE electric meter <br />where the energy efficient equipment is installed; (3) Projects will be evaluated using the Calculated <br />Approach and /or the Measured Savings Approach (also known as measurement and verification <br />( "M &V"); (4) Energy savings and demand reduction resulting from the project must be above and <br />beyond baseline energy performance, which include state - mandated codes, federal- mandated codes, <br />industry- accepted performance standards or other baseline energy performance standards as <br />determined by SCE; (5) Projects must meet all other Program requirements, terms and conditions; (6) <br />Applicant certifies that Applicant will not apply for or receive rebates, incentives, or services covered by <br />this Agreement in an amount greater than the total cost of the project or solution(s) (including labor and <br />materials); and (7) The Applicant certifies that the solutions covered by this Agreement have not and <br />will not receive any funds from any other utility, state or local program funded by the PGC surcharge. <br />4.0 SUBMITTAL REQUIREMENTS FOR PAYMENT Applicant shall submit to SCE the documents <br />described below prior to being eligible for payment of Incentives. Required documents include, but are <br />not limited to: (1) This Agreement, fully executed and with the attached documents referenced in Item <br />2.0 above; (2) Complete engineering calculations to demonstrate energy savings and documentation, if <br />applicable (including archival diskette, CD, etc.); (3) Schematic drawings and /or manufacturer <br />specification sheets, if applicable; (4) Invoices and /or documentation to support solution costs, at SCE's <br />request; (5) Project Installation Report; (6) Operating Report, if M &V is required; and (7) Any other <br />documents related to the project, project site, solutions, energy savings or otherwise requested by SCE <br />in its sole discretion, in connection with the Program. <br />5.0 INSPECTIONS Applicant is solely responsible for ensuring that SCE has reasonable access for <br />all inspections, including but not limited to: (1) Pre - installation equipment inspection to examine the <br />existing /baseline equipment and to check the accuracy of Applicant's equipment survey; (2) Post - <br />installation equipment inspection to check installed equipment and to verify accuracy of Applicant's <br />equipment survey; (3) Post - operation inspection to verify energy savings of the solutions after installed <br />equipment has been operating, if requested by SCE; and (4) Inspection for any other Program - related <br />reason that SCE, in its sole discretion, deems necessary. <br />6.0 REVIEW AND DISCLAIMER SCE'S AND /OR ITS CONSULTANTS' REVIEW OF THE DESIGN, <br />CONSTRUCTION, OPERATION OR MAINTENANCE OF THE PROJECT OR ENERGY EFFICIENCY <br />SOLUTIONS SHALL NOT CONSTITUTE ANY REPRESENTATION AS TO THE ECONOMIC OR <br />TECHNICAL FEASIBILITY, OPERATIONAL CAPABILITY, OR RELIABILITY OF THE PROJECT OR <br />SOLUTIONS, NOR SHALL THE APPLICANT, IN ANY WAY, MAKE SUCH A REPRESENTATION TO <br />A THIRD PARTY. APPLICANT IS SOLELY RESPONSIBLE FOR THE ECONOMIC AND TECHNICAL <br />FEASIBILITY, CONSTRUCTION, OPERATIONAL CAPABILITY AND RELIABILITY OF APPLICANT'S <br />PROJECT AND SOLUTIONS. SCE MAKES NO WARRANTY, WHETHER STATUTORY, EXPRESS <br />OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF <br />MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, USE OR APPLICATION. <br />7.0 PAYMENTS Payment of Incentives will be made only after all Program requirements are met by <br />Applicant to SCE's sole satisfaction. Payment of Incentives will be made as designated by Customer in <br />Section 8 of the Application. <br />7.1 SCE retains sole discretion to determine the appropriate baseline values and energy <br />savings calculations used to determine Incentive payments. Incentives shall only be paid on <br />projects that exceed the baseline performance standards applicable when this Agreement is <br />CUSTOMIZED SOLUTIONS CONTRACT - LOCAL GOVERNMENT AND INSTITUTIONAL PARTNERSHIP 3 OF 7 <br />