GENERAL TERMS AND CONDITIONS – COMMERCIAL APPLICATIONS

The following Terms and Conditions apply to Enbridge Gas Inc.’s (“Enbridge”) Savings By Design Program (the “Program”).
BY SIGNING THIS APPLICATION ON THE REVERSE SIDE, THE APPLICANT 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 three components:

1. Integrated Design Process ("IDP") –Under the IDP, Applicant will participate in a series of building design team meetings to identify the optimal mix of design elements and technologies to maximize energy efficiencies. Enbridge will cover the costs associated with scheduling and holding the design team meetings as well as the professional fees charged by the design team experts up to a maximum of $35,000. Applicant is responsible for its own costs. This incentive has no cash value.
2. Energy Performance –By providing a pre construction model which exceeds the 2017 Ontario Building Code with SB-10’s (“OBC”) current energy performance requirements by at least 15%, the Applicant may be eligible for an incentive of $15,000.
3. Commissioning –An additional incentive of $15,000 is available to Applicants who meet the requirements for an Energy Performance incentive and who submit their final “as-built” energy model together with the final commission report to Enbridge.

2. In order to apply for the Program and be eligible for financial incentives, the Applicant must:

1. Submit a complete and fully signed Application to Enbridge; and
2. Successfully complete all three components of the Program, including designing and constructing a commercial property in the Enbridge franchise area which exceeds 15% of the OBC’s energy performance requirements.

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 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  Enbridge’s offer of Incentive Payments may be withdrawn by Enbridge at any time and will be withdrawn if: a) the Applicant fails to fully participate in the IDP component of the Program including attending all meetings; b) the Applicant fails to design a new commercial property which exceeds 15% of the OBC’s energy performance requirement; c) the Applicant fails to complete construction of a new commercial property in the Enbridge franchise area which exceeds 15% of the OBC’s energy performance requirement by within 5 years of completing the IDP; or d) the Applicant otherwise fails to comply with any of these General Terms and Conditions.

5. Once the commercial property is constructed and provided the property exceeds 15% of the OBC’s energy performance requirements, as determined by Enbridge in its sole discretion, the Applicant will be eligible to receive an Energy Performance incentive of $15,000.

6.  Once the commercial property is constructed and provided the property exceeds 15% of the OBC’s energy performance requirements, as determined by Enbridge in its sole discretion, the Applicant will be eligible to receive a Commissioning incentive of $15,000 provided the Applicant submits its final “as-built” energy model together with the final commission report to Enbridge within six months following ompletion
of construction or December 31, 2023, whichever is earlier.

7.  Payment of the Commissioning Incentive is subject to the Applicant providing Enbridge with the commissioning agent’s report.

8.  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 you 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. You acknowledge and agree that the Information is provided to you on an “as is” basis, and all representations, warranties, and conditions, whether express or implied, with regard to the Information are hereby expressly disclaimed. You acknowledge and agree that you bear all risks associated with your use of the Information, and Enbridge will in no way be liable to anyone in any manner whatsoever for your use of the Information, including, without limitation, infringement of any third party intellectual property rights.

9. 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 the Program or any part thereof at any time without notice.

10. 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.

11.  The Applicant acknowledges that Enbridge shall not be responsible for the Applicant’s tax consequences resulting from the payment of any incentive payment.

12. Upon request and with reasonable notice, the Applicant agrees to provide authorized representatives of Enbridge with access to the commercial property and with required information or data relating to the Program for the purposes of the Application and these General Terms and Conditions.

13.  THE APPLICANT BEARS THE ENTIRE RISK OF LIABILITY, LOSS, DAMAGES, COSTS AND EXPENSES WHICH IT MAY SUFFER, SUSTAIN OR INCUR AS A RESULT OF 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 PARTICIPATION IN THIS PROGRAM OR THE VIOLATION OF ANY APPLICABLE LAWS, WHETHER BY THE APPLICANT, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES OR AGENTS.

14.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.

15.  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.

16.A minimum threshold of 50,000 square feet or aggregate “same construction” projects built within the program time requirement that equal 50,000 square feet or more. For example banks, schools, and retail buildings. Building(s) must be within the Enbridge Gas service area.

17. If qualifying through the use of multiple “same construction” projects, a minimum of 75% of the aggregate projects’ square footage must be constructed within the EGD franchise area. Only the percentage of sq ft that is constructed within the EGD franchise area is available for the incentive.

 

Rev. Dec. 21, 2017