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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 t1he Application.
<br />7.1 SCE retains sc'e discretion to determine the appropriate baseline values and energy
<br />Sa,,^ s ca:cula.on�'a�ed -- determine Inc: pej'meniS. 7, c- Shari 3r'',� Ge pa:d on
<br />cr.5 t �t exceed t; ^,e baseline performance standards applica'bie ;vhen th;s Agreer~.ent is
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