Idaho Power Company (“Idaho Power”) is not responsible for any taxes that may be imposed due to incentive payments. If incentive payments are made directly to an Idaho Power customer (“Customer”): a) Customer shall be responsible for any tax liability imposed as a result of such incentive payment(s); b) taxpayer identification numbers are required from each Customer; and c) incentive payments greater than $600 shall be reported to the United States Internal Revenue Service.
Idaho Power does not endorse any particular manufacturer, product, system design, contractor, or design professional in promoting the Commercial and Industrial Energy Efficiency Program (“Program”). Measures on the Pre-Approval Application are not necessarily appropriate for installation in every building.
Safety and Building Codes
Customer represents that the project(s) for which Customer has applied to receive an incentive payment(s) under the Program (each, a “Project”) complies with all applicable laws, including without limitation, federal, state, and local safety, building and environmental rules, ordinances, codes, regulations and accepted industry standards. All products/ equipment must be UL-listed (or equivalent) and installed per manufacturer’s instructions.
Appropriate Waste Disposal
Customer represents and agrees that all wastes generated as a result of their Project(s) are solely the responsibility of the Customer. Customer further agrees that any waste generated as part of their Project(s) will be managed, transported, recycled and/or disposed of in compliance with all applicable federal, state or local laws and rules. Idaho Power does not endorse any waste management, transportation, disposal, or recycling options and Idaho Power will not provide any third party payments to waste transporters, disposal facilities, or recycling facilities under these Commercial and Energy Efficiency Program Terms and Conditions (“Terms and Conditions”), or the Program. Customer should contact the appropriate state Department of Environmental Quality and/or the United States Environmental Protection Agency regarding any questions on proper disposal to ensure understanding and compliance.
Disclaimer of Liability and Warranties
IDAHO POWER NEITHER EXPRESSLY NOR IMPLICITLY WARRANTS THE PERFORMANCE OF INSTALLED OR UNINSTALLED EQUIPMENT, OR ANY PART OF THE PROGRAM. CUSTOMER UNDERSTANDS THAT, WHILE IDAHO POWER MAY PROVIDE AN INCENTIVE PAYMENT TO ENCOURAGE ENERGY EFFICIENCY, IDAHO POWER IS NOT LIABLE OR RESPONSIBLE FOR THE PROPER COMPLETION OF ANY WORK PERFORMED, THE PROPER PERFORMANCE OF ANY EQUIPMENT PURCHASED, PROVIDED, OR TESTED, OR ANY OTHER ASPECT OF THE PROGRAM. IDAHO POWER IS NOT RESPONSIBLE IN ANY WAY FOR THE EFFECTIVENESS OR TECHNICAL PERFORMANCE OF ANY PROJECT UNDER THE PROGRAM. IDAHO POWER MAKES NO WARRANTIES WHATSOEVER THAT CUSTOMER WILL REALIZE ANY ENERGY SAVINGS AS A RESULT OF THE PROGRAM. CUSTOMER SHALL CONTACT ITS CONTRACTOR FOR DETAILS REGARDING EQUIPMENT WARRANTIES. IN NO EVENT SHALL IDAHO POWER BE RESPONSIBLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY NATURE OR KIND, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY INDEMNITY PROVISION OR OTHERWISE RELATED TO THE PROGRAM.
Customer will indemnify, defend, reimburse, and hold harmless Idaho Power from, for, and against any claims, allegations, demands, damages, liens, losses, expenses, suits, actions, proceedings, judgments, liabilities, and costs of any kind whatsoever (including attorneys’ fees and expert witness fees and expenses) from third parties (collectively, “Claims”) arising out of, or relating to, work performed by any contractor or subcontractor at any tier on behalf of Customer, the Program, or any breach by Customer of these Terms and Conditions, provided the Claims are not the result of bodily injury to persons or damage to property caused exclusively by the sole negligence of Idaho Power.
Waivers of any right, privilege, claim, obligation, condition, or default shall be in writing and signed by the waiving party. No waiver of either Idaho Power or Customer of any breach of these Terms and Conditions shall be a waiver of any preceding or succeeding breach, and no waiver by either Idaho Power or Customer of any right under these Terms and Conditions shall be construed as a waiver of any right.
Any obligation in these Terms and Conditions, or under the Program, which may involve performance subsequent to termination of Customer’s participation in the Program, or which cannot be ascertained or fully performed until after termination of Customer’s participation in the Program, including without limitation, indemnification, waiver, and disclaimer of liability and warranties, shall survive.
Idaho Power reserves the right to revise, postpone, terminate, or cancel Customer’s participation in the Program for any reason without prior notice to Customer and without any payment. In the event of cancelation, suspension, or termination, Idaho Power shall not be required to (1) pay Customer any incentive, (2) perform any other obligations.
Idaho Power reserves the right, at its sole discretion, to modify or amend this Agreement by giving notice (which may take place in any form) to Customer. No course of dealing between or among any persons having an interest in the Program or these Terms and Conditions shall be deemed to change any part of the Terms and Conditions or any rights or obligations hereunder or under the Program.
Nothing in these Terms and Conditions, nor Customer’s participation in the Program, shall create any employment or agency relationship between Customer and Idaho Power, and nothing related to the Program shall be construed or interpreted to place any obligation on Idaho Power to pay Customer any amounts as a result of Customer’s participation in or expressly referenced in the Program. Neither party shall be deemed an agent, partner, joint venture, or employee of the other party. Customer will comply with all federal, state, and local laws in the performance of this Agreement. Enforcement and interpretation of this Agreement shall be in accordance with the laws of the state of Idaho, notwithstanding its choice of law provisions. Venue shall be in Ada County, Idaho.