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signed. SCE reserves the right to modify or cancel the Incentive amount if the actual solution <br />installed differs from the installation as set forth in this Agreement. <br />7.2 The total Incentive payment under the Calculated Savings Approach or Measured <br />Savings Approach shall not exceed the total Incentive in the Final Approved Savings Estimate <br />(as presented on Page 2 of this Agreement). However, projects may (at the discretion of SCE) <br />be eligible for Incentive payments in excess of the Final Approved Savings Estimate if the <br />project results in: (a) increased actual energy savings resulting from the installation of a greater <br />quantity of the approved solutions (as outlined in SCE's acceptance letter); (b) increased actual <br />energy savings resulting from greater efficiencies than estimated (as outlined in the SCE <br />acceptance letter); and /or (c) greater actual project costs than originally estimated. <br />Partnership Incentive levels and Incentive caps shall apply according to the terms of the <br />applicable Partnership Agreement. The total Incentive payment shall not exceed the total project <br />cost as defined in the Program Manual. <br />7.3 Energy savings for which Incentives are paid cannot exceed the actual electric usage for <br />each SCE Customer service account for which Incentives are being requested. Non -SCE <br />supply, such as cogeneration or deliveries from another commodity supplier, does not qualify as <br />usage from SCE (with the exception of Direct Access customers or customers paying departing <br />load fees for which SCE collects PGC surcharges). <br />7.4 SCE will make the applicable Incentive payment to the designated payee, in one or more <br />installments, only after all required and /or requested documents have been submitted to, and <br />approved by, SCE, and the appropriate inspection(s) of the project or project site have been <br />completed in accordance with the 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 <br />fully operational one year from SCE's written project Application approval date to be eligible for <br />Incentive payments. SCE reserves the right to cease making Incentive payment(s), require the <br />return of the total or prorated Incentive payments, and /or terminate this Agreement if the project <br />is not completely installed and fully operational by the applicable date as indicated above, <br />unless an installation extension is granted by SCE. <br />8.0 PAYMENT DISQUALIFICATION Any Incentives received by Applicant shall be repaid to SCE, <br />in whole or in part, as follows: <br />8.1 If Customer fails to pay the PGC surcharge throughout the Term of this Agreement. In <br />this event, the total estimated amount of the Incentives shall be prorated and any Incentive <br />payment shall be based on the energy savings that occur during the payment of the PGC <br />surcharge. <br />8.2 If (1) Customer does not provide SCE with 100% of the related energy benefits specified <br />in this Agreement for the life of the product or for a period of five (5) years from receipt of the <br />Incentive, whichever is less, or (2) the energy benefit to SCE ceases in any way, including but <br />not limited to Customer and /or the project site ceasing to receive electricity from SCE, the <br />solution, equipment and /or project ceasing to function, or Customer ceasing the use of the <br />equipment, solution or project site. Applicant shall refund to SCE a prorated amount of the <br />incentive dvilais based o- 1 t, ^;e actual period of tii � c foir b`ihic l Custj ier provided tuh-e energy <br />as an SCE c_ ss omier. <br />8.3 Applican shall spay any Incentive amounts due to SCE within thirty (30) calendar days <br />of notification by SCE. Repayment is required In accordance with Sections 8.1 and 8.2 above. <br />CCST3%NZ_:D SOL- 'T:CNS CONTRACT - LOCAL GOVERNMENT AND INSTITUT1CN, -L PART%ERSNIP 4 OP 7 <br />