The following Terms and Conditions apply to Enbridge Gas Distribution Inc.’s (“Enbridge”) Savings By Design Residential Program (the “Program”). BY SIGNING THIS APPLICATION ON THE REVERSE SIDE, THE APPLICANT AGREES AND CERTIFIES THAT I) IT MEETS THE PROGRAM ELIGIBILITY REQUIREMENTS; II) THE INFORMATION SUPPLIED ON THIS APPLICATION IS TRUE AND CORRECT; III) IT HAS READ AND UNDERSTANDS THE PROGRAM DOCUMENTS; AND IV) IT AGREES TO ABIDE BY THE PROGRAM RULES AND TO BE BOUND BY THE PROGRAM DOCUMENTS AND THESE GENERAL TERMS AND CONDITIONS.
1. The Program consists of two components:
2. In order to apply for the Program and be eligible for financial incentives, the Applicant must:
3. The Applicant agrees to participate in a measurement and evaluation study for the purpose of analyzing the Program’s performance and improve future Program designs. Applicant agrees to fully cooperate with the study team and participate in the study if asked to participate.
4. Enbridge’s offer of Incentive Payments may be withdrawn by Enbridge at any time and will be withdrawn if: a) the Applicant fails to fully meet the eligibility criteria or fails to fully participate in the IDP component of the Program including attending all meetings; or b) the Applicant otherwise fails to comply with any of these General Terms and Conditions.
5. Applicant must complete and submit this application and complete the IDP before December 31, 2017. Enbridge reserves the right to accept or reject any application in its sole discretion.
6. Once a residential home is constructed and provided the property exceeds 20% of the 2017 OBC’s energy performance requirements, as determined by Enbridge in its sole discretion, the Applicant will be eligible to receive an incentive payment (described above) for each eligible residential home completed and ready for occupancy within three (3) years from the IDP Date. For greater certainty, in no event will Enbridge pay an incentive for residential homes completed after December 31, 2020.
7. The Applicant acknowledges that as a participant in the Program, it will be exchanging or developing ideas with, and be provided with information from, employees or contractors of Enbridge (the “Information”). Enbridge hereby grants to Applicant a non-exclusive, royalty-free, non-transferable license to use any Information owned, licensed, or disclosed by Enbridge and the permission to disclose and share such Information freely with others. Applicant acknowledges and agrees that the Information is provided on an “as is” basis, and all representations, warranties, and conditions, whether express or implied, with regard to the Information are hereby expressly disclaimed. Applicant hereby acknowledges and agrees that it bears all risks associated with its use of the Information, and Enbridge will in no way be liable to anyone in any manner whatsoever for Applicant’s use of the Information, including, without limitation, infringement of any third-party intellectual property rights.
8. Applicant acknowledges that participation in this Program is limited and is on a first-come, first-served basis. Enbridge has the right to refuse an application or to cancel or change the Program or any part thereof at any time without notice.
9. The Applicant shall permit Enbridge to identify Applicant’s facility as a “Savings By Design Energy Efficiency Program Participant” and to permit Enbridge to identify Applicant in its marketing and communications related to the Program.
10. Upon request and with reasonable notice, the Applicant agrees to provide authorized representatives of Enbridge with access to the residential properties and with required information or data relating to the Program for the purposes of the Application and these General Terms and Conditions.
11. THE APPLICANT BEARS THE ENTIRE RISK OF LIABILITY, LOSS, DAMAGES, COSTS AND EXPENSES WHICH IT MAY SUFFER, SUSTAIN OR INCUR AS A RESULT OF ENROLMENT OR PARTICIPATION IN THE PROGRAM. THE APPLICANT ACKNOWLEDGES THAT ENBRIDGE DOES NOT GUARANTEE THAT PARTICIPATION IN THE PROGRAM WILL RESULT IN ANY ENERGY SAVINGS OR QUALIFY FOR AN INCENTIVE PAYMENT. THE APPLICANT SHALL INDEMNIFY AND SAVE HARMLESS ENBRIDGE, ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES AGAINST ANY CLAIM OR LIABILITY ARISING AS A RESULT OF OR FROM OR BASED ON THE APPLICANT’S PARTICIPATION IN THIS PROGRAM OR THE VIOLATION OF ANY APPLICABLE LAWS, WHETHER BY THE APPLICANT, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES OR AGENTS.
12. Enbridge and the Applicant acknowledge and agree that they are independent of one another, and these General Terms and Conditions do not give either of them the right to bind the other to any obligation, or to assume or to incur any obligation on behalf of the other. Nothing in these General Terms and Conditions shall be interpreted so as to make either the Applicant or Enbridge a partner, joint venture, employee, agent or other representative of the other for any purpose.
13. The Application and these General Terms and Conditions shall constitute the entire agreement and understanding between the Applicant and Enbridge and supersedes all previous agreements and understandings between them related to the subject matter hereof. Except as otherwise provided in the Application or these General Terms and Conditions, neither the Applicant or Enbridge is relying on any representation, warranty, conditions, inducement, promise or other assurance (express or implied) which may have been made previously by the other or by anyone else concerning the subject matter hereof. These General Terms and Conditions will be binding upon and ensue to the benefit of the parties, and/or their respective successors and assigns.
Rev. Dec. 22, 2016