ELECTRIFY EVERYTHING AGREEMENT

for energy conservation/solar generation/electric vehicle charging stations

Thank you for your interest in Mountain Parks Electric, Inc.’s (MPEI’s) Tariff 202.12 Rider EE Electrify Everything (EE) (“Program”). By signing this agreement, you agree to be bound by the Program Terms and Conditions, the attached Exhibits, the Application and Acceptance Letter (collectively the “Agreement”). All bylaws, polices and guidelines of MPEI are hereby incorporated by this reference into the Agreement. Any subsequent changes to the bylaws, tariffs, rules and regulations, policies and guidelines are hereby incorporated into this Agreement. Upon complete execution of this Agreement, you may engage your selected, licensed contractor to install the EE measure at your home.

INTRODUCTION
WHEREAS, MPEI is an electric cooperative providing electricity to its Members: and

WHEREAS, Member is a property owner receiving electricity as a Member of MPEI at the Property, as further described in the Application; and

WHEREAS, Member and MPEI desire to enter into this Agreement for the financing of the purchase price and installation costs of the energy conservation, solar generation and/or electric vehicle charging station measure(s) to the Property, allowing for such costs to be recovered by MPEI’s opt-in Tariff 202.12 – Rider EE;

WHEREAS, Member agrees that MPEI may place an EE Tariff charge on the Member’s account to allow MPEI to recover the costs, including interest, of the EE measures.

ENERGY INVESTMENT AGREEMENT

Mountain Parks Electric, Inc. (MPEI) agrees to provide financial assistance for the purchase price and installation costs of EE measures consistent with the Application, and in accordance with MPEI Tariff 202.12 – Rider EE, and Member agrees to the terms of the Agreement and as set for in Tariff 202.12 – Rider EE. Member agrees that the improvements (hereafter called the “Work”) at the Property will be paid directly by MPEI.

Purpose of Electrify Everything Agreement
MPEI intends to assist Member to reduce or manage energy consumption and/or acquire solar generation and/or to electrify vehicles by providing financial assistance to the purchase/installation of certain energy-related investments. In exchange for the MPEI provided financial assistance, the Member agrees to the EE Charge, and the 202.12 Tariff – Rider EE.
Work to be Completed
The Member has completed an Application describing the Work to be completed at the Property. MPEI has accepted the Application for the Work, and Member acknowledges and agrees that the EE improvements will be put into effect and used solely for the expected life of the improvements at the Member’s present location at the Property.
Payment for the Work
In order to assist the Member in the completion of the Work, MPEI will pay for all or a portion of the Work based upon the contractor’s quote outlined in the Conservation Plan (the “Plan”), and in the form attached hereto as Exhibit A (estimate), which is incorporated herein. The terms and payment schedule shall be described in the Plan. Member shall reimburse MPEI for the cost of the Work as set forth in Exhibit B, incorporated herein, through the monthly MPEI bill as set forth in Tariff 202.12 – Rider EE.
Authority to Enter into Agreement
The undersigned represents and warrants that he/she has full authority to enter into this Agreement and that all information provided by the Member to MPEI for this Agreement is complete and accurate. If the Member is an entity, the undersigned represents and warrants that he/she has full authority to enter into this Agreement on behalf of Member.
Administrative Fee
A one-time $100 fee will be paid by the Member at signing of the Agreement. Any additional filing or recording fees (such as county filing fees or any costs not associated with equipment and installation) may be passed on (billed) to the Member at the time of filing.
Contractor Payment
Once all required documentation, including the contractor’s final invoice, has been received and the project Work has been approved by the Member and MPEI, MPEI will pay the contractor directly. Such approval shall be made on the attached Exhibit C, which is incorporated herein. MPEI’s approval of the Work is for MPEI’s own purposes only and Member may not rely on MPEI’s approval or any other representation regarding the quality of the Work.
Prepayment
The Member shall have the right to prepay the project Work at any time before the end of the term without penalty. The Member must notify MPEI in writing in advance that any portion of their payment is to be applied to the project Work directly; otherwise all payments received will be applied to the total accounts receivable.
Billing and Collection
The Member hereby opts-in to Tariff 202.12. Program costs shall be recovered through the MPEI Tariff 202.12 – Rider EE, monthly on the Member’s electric bill according to the final schedule in Exhibit B. All payments by Member shall be applied first to the Tariff EE Rider and next to electric service charges.
Property Sale/Changes in Tenancy
The repayment obligation shall be assigned to the meter at the Property and survives changes in membership and/or tenancy. The Member agrees (and permits MPEI) to inform prospective buyers and real estate agents of the charge. Member’s failure to so notify a buyer or real estate agent shall not affect MPEI’s right to include the EE Rider on any successor owner’s bill. Member shall defend, indemnify, and hold harmless MPEI and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys' fees) arising out of or resulting from Member’s failure to notify any potential buyer or real estate agent.
Relationship with Contractor
MPEI assumes no responsibility for the work performed by the contractor that the Member selects for completing the Work, or for any other action or inaction on the part of the Member’s contractor, including any agents, employees or subcontractors of the contractor. The Member shall be solely responsible for resolution of any problem(s) arising out of, or related to, the Work performed by the Member’s contractor. MPEI retains the right to inspect the installation for MPEI’s purposes.
Delinquency/Remedies
The Member acknowledges and agrees that without regard to any other MPEI rules or policies, the EE charge shall be considered as an essential part of the Member’s bill for electric service, and MPEI may disconnect the associated electric meter for nonpayment of the EE charge under the same provisions as for any other electric service.
MPEI Procedures
All MPEI policies and procedures, including but not limited to those related to billing, collection and termination of services shall apply to this Agreement and are by this reference incorporated into this Agreement.
Non-Waiver/Non-Assignability
Failure of either Party at any time to require performance of any provision of this Agreement shall not limit either Party’s right to enforce the provision, nor shall any waiver of any breach of any provision constitute a waiver of any succeeding breach of that provision or a waiver of that provision itself. The Member shall not assign this Agreement unless MPEI agrees in writing to such assignment.
Modification
Any modification of this Agreement must be in writing and signed by both Parties.
Binding Effect
The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns.
Signatures
This Agreement may be executed in multiple counterparts, each of which, when assembled to include an original signature for each party to this Agreement, will constitute a complete and fully executed single original document. Authorized signatures are permitted by original inked hardcopy or by electronic signatures as binding signatures to this Agreement.
Severability
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
Entire Agreement
This Agreement, together with any other documents incorporated herein by reference, and MPEI’s bylaws, tariffs and Rules and Regulations, as they may be amended in MPEI’s sole discretion, constitute the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between this Agreement and MPEI’s bylaws, tariffs or Rules and Regulations, as they may be amended in MPEI’s sole discretion, the terms of the bylaws, tariff, or Rules and Regulations shall control.

TERMS AND CONDITIONS

HOME/POPERTY OWNER ELIGIBILITY: The Property must have MPEI electric service.
CONTRACTOR ELIGIBILITY: Contractors must be licensed, bonded and insured. They must additionally be able to provide written, detailed description of the Work done, along with a copy of the relevant invoice.
PAYMENT: MPEI will pay the contractor upon receipt of all complete documentation and verification of the Work. Contractors should allow 30 days from the final date of submission of all documents to receive payment.
TAX LIABILITY: MPEI is not responsible for any tax liability which may be imposed on the Member as a result of payment of any incentives or as a result of obtaining financing pursuant to this Agreement.
DISCLAIMER/NO LIABILITY: The Member assumes the risk of any loss or damage in connection with installation. Notwithstanding anything to the contrary herein MPEI does not guarantee any particular performance results by its approval of the Work. The Member acknowledges and agrees that MPEI has not and does not make any representations or promises with respect to the effectiveness of the EE measures or any other energy consumption characteristics of the Work. MPEI in no way warrants the quality of the workmanship or installed materials provided by the contractor. MPEI specifically disclaims any warranty of merchantability or fitness for a particular or any purpose with respect to the Work. MPEI is not responsible for maintenance of the Work installed on the Property or for handling or addressing any concerns related to the maintenance of the Work.
ENDORSEMENT: Member is solely responsible for choosing the contractor and manufacturer for the Work.
MPEI does not endorse any particular manufacturer, contractor or product.
SAFETY AND BUILDING CODES: The Member agrees to comply will all applicable federal, state and local building and environmental codes for the installation of the Work. The contractor selected by the Member must certify that the product(s) used have been installed consistent with manufacturer instructions.
PROPERTY RIGHTS: The Member must have proper authority to install the Work on the designated Property. The Member represents that he/she does have such authority.
ACCESS AND EVALUATION: MPEI and its representatives may request access to the Property on which the Work was installed, to review and evaluate the installation during and after completion. The Member agrees to provide reasonable access to the Property for the purposes described herein. In addition, MPEI may contact the Member for survey participation and project feedback. The Member acknowledges that such evaluation by MPEI does not constitute any warranty of the Work performed by the Member’s contractor.
ADDITIONAL INFORMATION: The Member is also subject to a review by MPEI for eligibility, consistent with MPEI policies.

By signing this participation form, I represent and agree to the following:

I am an MPEI Member.
I will allow an MPEI representative to inspect the installation for the sole purpose of determining if the installation qualifies for the payment as determined in this Agreement.
I understand that MPEI may make reasonable use of any information in its possession concerning my installation. Such use may include, but is not limited to, general energy usage for the purpose of evaluation and reporting.
I give MPEI and its representatives express permission to contact me about the information I have provided on this application.
I understand that incentives may be taxable and reported to the Internal Revenue Service.
I understand that I will be responsible for payment of the EE charge, Tariff 202.12 – Rider EE to MPEI as a result of Program participation as reflected on my monthly MPEI bill.
I understand that I am responsible for selecting a qualified contractor to install the Work on the Property and that MPEI has no ownership or proprietary interest in the Work financed.
I understand that MPEI may document my project with photography and/or video to use for its purposes.
I have read, understand and agree to the terms and conditions in this Agreement and the Program specific Information Sheet.

MEMBER NAME

First

Last

LLC, BUSINESS, CORPORATION or ENTITY NAME (IF APPLICABLE)

LLC, BUSINESS, CORPORATION or ENTITY APPLICANT TITLE (IF APPLICABLE)

MOUNTAIN PARKS ELECTRIC ACCOUNT NUMBER

PHYSICAL SITE ADDRESS

Address

City/Town

State/Province

ZIP/Postal Code

MAILING ADDRESS

Address

City/Town

State/Province

ZIP/Postal Code

PRIMARY TELEPHONE NUMBER

SECONDARY PHONE NUMBER

EMAIL ADDRESS

ELECTRONIC SIGNATURE (REQUIRED)

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