LIGHTING TECHNICAL SHEET
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- Annabella Stokes
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1 GENERAL INFORMATION LIGHTING TECHNICAL SHEET SMECO's Business Solutions program is designed to help commercial and industrial customers maximize energy efficiency and manage energy costs. With cost-saving financial incentives and expert technical assistance, SMECO's Business Solutions program identifies the right energy efficiency measures for your business. 1. Pre-approval is required for all projects. A pre-installation inspection may also be required. 2. Upon receipt of pre-approval, the Customer may begin project installation. Submit written notification to SMECO immediately if there are any changes to the scope of work, as this may require additional pre-approval. Projects must be completed by the date indicated on the pre-approval letter. Customers must notify SMECO upon completion. Copies of invoices for all work and equipment purchased are required. 3. A post-installation inspection may be required. 4. Upon final approval of the project, incentives will be paid to the Customer (account holder) or their designee, via check or SMECO bill credit, within four (4) weeks of the date on the final approval letter. To apply, please visit the Application Center. RETROFIT LIGHTING INSTRUCTIONS 1. Complete the room-by-room inventory worksheet using the Excel-based Retrofit Lighting Worksheet found on SMECO s Web site. Rated wattages for various existing luminaire types are found in SMECO s Lighting System Rated Wattage Table (included on the Retrofit Lighting Worksheet). 2. Meet measure code eligibility requirements. 3. Upload the completed electronic copy of the worksheet, as well as specification sheets (for all fixtures, lamps, and ballasts) under the tasks tab of your project in the Application Center. CHECKLIST Please include the following items when you apply through the Application Center: SMECO electric account number. Supporting documentation to include manufacturer s specification (cut) sheets for all luminaires, retrofit kits, lamps, and controls. Complete lighting worksheet for retrofit projects only. Complete the room-by-room inventory worksheet using the Excel-based Lighting Worksheet found on the SMECO website. Rated wattages for various existing luminaire types are found on SMECO Lighting System Rated Wattage Table (included on the Excel-based Lighting Worksheet). Meet measure code eligibility requirements. Upload the completed electronic copy of the worksheet under the files tab of your project in the Application Center. Signed Terms and Conditions Appropriate invoices Please note that failure to provide any of the above items may delay the processing of your application. LIGHTING TECHNICAL REQUIREMENTS All lighting retrofit projects that will involve the replacement of 50% or more of the existing luminaires (fixtures) in a given space must meet the current Lighting Power Density (LPD) standards. Installations that are not for permanent use are not eligible for incentives (e.q. equipment that plugs into a receptacle). 01/02/2018 Page 1 of 12
2 GENERAL LED REQUIREMENTS FOR RETROFIT AND NEW CONSTRUCTIONS LIGHTING TECHNICAL SHEET Equipment must be listed on the ENERGY STAR Qualified Products list to apply for either ENERGY STAR measure code (RL 171 and RL 172). All other lighting equipment must be listed on the Design Lights Consortium s (DLC) Qualified Product List. All ENERGY STAR luminaires must be hard-wired. Screw/Plug-in lamps and recessed trim kits that screw in are ineligible for these measure codes. Incentives for lamps and recessed trim kits are available through SMECO s Instant Savings for Business offering. Visit a participating local distributor or smeco.coop for more information. Equipment for each measure code must be selected within the specified Category, General Application, and Primary Use designations, as classified by the Design Lights Consortium (does not include ENERGY STAR measures). Wattage and Lumens values for the proposed equipment are based on Reported Data and must be entered exactly as indicated on the Design Lights Consortium Qualified Products List and ENERGY STAR Qualified Products List. If LED linear lamps (TLEDs) are being installed and fewer lamps than what is currently installed are proposed for installation (i.e. installing a single lamp in a 2-lamp fixture), the luminaires must be permanently delamped and the TLEDs re-centered in luminaires through the use of UL/CSA-listed retrofit kits specifically made for this purpose. Type A and Type B LED linear replacement lamps (TLEDs) and LED mogul screw-based replacement for an HID lamp are not eligible for incentives. Only Type C equipment, as defined by Design Lights Consortium, is eligible for incentives, as outlined in measure codes RL 168 and RL 169. Private labeled equipment must be listed on the electronic lighting worksheet in the designated manufacturer and model columns as Original (as listed on DLC)/Private Labeled make and model numbers. Spec sheet submissions must include both the spec sheet for the original equipment and the spec sheet for the private labeled equipment with a signed letter attached by the original equipment manufacturer that validates the equipment is the same. GENERAL LINEAR FLUORESCENT LAMP AND BALLAST REQUIREMENTS (FOR NEW CONSTRUCTION ONLY) All four foot T8 lamps must be listed on the Consortium for Energy Efficiency (CEE) T8 Replacement Lamps qualified product list. Visit for further information. 8-ft T8 and 8-ft T5 lamps are not eligible for prescriptive lighting incentives. 2-ft and 3-ft T8 lamps must have minimum efficacy of 75 mean lumens/watt. 32w U-Bend T8 lamps must have minimum efficacy of 79 mean lumens/watt. Installing fewer lamps than what the fixture is designed for (i.e. installing a single lamp in a 2-lamp fixture) is not permissible without applying for and meeting Permanent Delamping Technical Requirements, even in cases of lamp for lamp retrofits. GENERAL CONTROL REQUIREMENTS Spaces with existing control types are not eligible for control incentives. Please indicate when entering your equipment if there are existing controls within a space. Exterior luminaires require a functioning time clock or photocell to qualify for lighting incentives, but are not eligible for daylight control incentives. They are eligible for advanced network control and/or occupancy/vacancy control incentives. NEW CONSTRUCTION PERFORMANCE LIGHTING ELIGIBILITY REQUIREMENTS This offering must be applied for in New Construction or Major Renovation scenarios. Major renovation projects are classified as: Removal of the entire existing lighting system and wiring Redesign of the entire existing lighting system Significant change to the actual function of the building through significant renovation, i.e., projects where a licensed professional architect or engineer has prepared and certified building plans for the change of use and reconstruction of an existing or vacant building or space. All projects must meet the following additional requirements to qualify for Performance Based Lighting incentives. Provide maintained lighting levels in accordance with the recommendations of the Illuminating Engineering Society of North America (IESNA). Provide high-quality lighting achieving appropriate levels of glare control, color rendering, lighting uniformity and other lighting quality parameters deemed necessary by SMECO. All project submittals must include the following supporting documentation: COMcheck or equivalent reports, signed by a lighting professional or Professional Engineer to substantiate Lighting Power Density (LPD) claims Lighting layout plans. Site-specific photometric reports or point-by-point lighting calculations, if deemed necessary by SMECO. Manufacturer s specification sheets for all luminaires and lamps Lighting fixture schedule including manufacturer, model number and rated wattage. Supporting calculations demonstrating installed lighting wattage. Incentives may be provided for reducing the LPD in watts per square foot from the baseline lighting design that complies with the Interior Power Lighting Allowance obtained from ASHRAE/IESNA Wattage reduction for either the space-by-space or building-area method must be at least 10% more efficient than code requirements to qualify for incentives. 01/02/2018 Page 2 of 12
3 NEW CONSTRUCTION PERFORMANCE LIGHTING EQUIPMENT GUIDE LIGHTING TECHNICAL SHEET All Performance Lighting calculations must be captured through the equipment section of the online application. No Performance Lighting Worksheet is required. The table below outlines the definition of the attributes that are required when submitting an application through the Application Center. Product Name Attribute Meaning Building Method Space Method AREA_LIT BUILDING_TYPE_SEL ELEC_UTIL_CUST_INCENTIVE ELIGIBILITY_STATUS_SEL HRS_OF_USE LOCATION NUMBER OF FIXTURES PROJECT TYPE Lighted Building Area (sq. ft.) Building Type Total Incentive Fixture Level of Achievement Estimated Annual Hours of Operation Lighting Location Interior / Exterior Total Number of Fixtures Leave Blank QUANTITY This should always be "1" WATTAGE_NEW AREA_LIT BUILDING_TYPE_SEL CAVITY_RATIO CONTROL_TYPE_SEL ELEC_UTIL_CUST_INCENTIVE GEOMETRY_ADJUSTED_SPACES HRS_OF_USE LOCATION MANUFACTURER NUMBER OF FIXTURES Installed Wattage (W) Lighted Area for Space Type (sq ft.) Business Type Space Room Cavity Ratio or Corridor Width in Feet Control Method Total Incentive Lighted Area for Geometry Adjustment Spaces (sq ft.) Estimated Annual Hours of Operation Lighting Location Interior / Exterior Leave Blank Total Number of Fixtures Quantity This should always be "1" SPACE_TYPE_SEL WATTAGE_NEW WATTS_CONTROLLED NEW CONSTRUCTION PERFORMANCE LIGHTING MEASURES AND INCENTIVES Individual Space Types Installed Wattage (W) Lighting Power Under Control (watts) Description Reduced Incentive/ Unit Technical Requirements NEW CONSTRUCTION Tier 1 Tier 2 > 10% below Base LPD > 20% below Base LPD $0.40 per watt $0.80 per watt Tier 1 Tier 2 All Performance Lighting calculations will be performed through the equipment section of the application. No Performance Lighting Worksheet is required. Refer to the guide on page 2 on how to select the appropriate equipment in the Application Center. 01/02/2018 Page 3 of 12
4 V. LED Troffer RL 101 Description New LED troffer for 2x2 and 1x4 luminaires Reduced Incentive/Unit 20 $45/Fixture RL 102 New LED troffer for 2x4 luminaires 20 $75/Fixture Technical Requirements in addition to General Lighting Requirements listed on page 2. Must be a minimum of 3 ½ inches in height DLC Category Indoor DLC General Application Troffer o 2x2 Luminaries for Ambient Lighting of Interior Commercial Spaces o 1x4 for Ambient Lighting of Interior Commercial Spaces Must be a minimum of 3 ½ in height DLC Category Indoor DLC General Application Troffer o 2x4 for Ambient Lighting of Interior Commercial Spaces LED Flat Panel LED Linear Ambient/Stairwell LED Interior Directional RL 103 New LED flat panel for 2x2 and 1x4 luminaires 20 $25/Panel RL 104 New LED flat panel for 2x4 luminaires 20 $35/Panel RL 111 New LED linear ambient luminaire 5 $12/Foot RL 112 New LED stairwell luminaire 10 $100/Fixture RL 121 New LED wall wash luminaire 10 $15/Foot RL 122 New LED track/mono-point luminaire 25 $30/Head Must be less than 3 ½ inches in height DLC Category Indoor DLC General Application Troffer o 2x2 Luminaries for Ambient Lighting of Interior Commercial Spaces o 1x4 Luminaries for Ambient Lighting of Interior Commercial Spaces Must be a less than 3 ½ inches in height DLC Category Indoor DLC General Application Troffer o 2x4 Luminaries for Ambient Lighting of Interior Commercial Spaces DLC Category Indoor DLC General Application Linear Ambient o Direct Linear Ambient o Linear Ambient w/ Indirect component DLC Category Outdoor DLC General Application Outdoor Low, Mid, High, or Very High Output o Stairwell and Passageway DLC Category Indoor DLC General Application Interior Directional o Wall-wash DLC Category Indoor DLC General Application Interior Directional o Track or Mono-point 01/02/2018 Page 4 of 12
5 LED Display Case Description Reduced Incentive/Unit RL 131 New LED display case luminaire 20 $25/Fixture RL 132 New LED display case luminaire in reachin coolers/freezers 15 $30/Fixture Technical Requirements in addition to General Lighting Requirements listed on page 2. DLC Category Indoor DLC General Application Display Case Display Case DLC Category Indoor DLC General Application Display Case o Horizontal Refrigeration Case o Vertical Refrigerated Case RL 141 New LED high/low bay luminaire lamp wattage less than or equal to 175W 60 $100/Fixture must be installed greater than or equal to 15 ft. above finished floor (AFF). DLC Category Indoor DLC General Application High-Bay o High-bay for Commercial and o Low-bay for Commercial and Industrial Building o High-bay Aisle LED High/Low Bay RL 142 RL 143 RL 144 New LED high/low bay luminaire - lamp wattage 176W 250W New LED high/low bay luminaire - lamp wattage 251W 400W New LED high/low bay luminaire lamp wattage 401W 1000W 100 $150/Fixture 150 $200/Fixture 400 $300/Fixture must be installed greater than or equal to 15 ft. above finished floor (AFF). DLC Category Indoor DLC General Application High-Bay o High-bay for Commercial and o Low-bay for Commercial and o High-bay Aisle must be installed greater than or equal to 15 ft. above finished floor (AFF). DLC Category Indoor DLC General Application High-Bay o High-bay for Commercial and o Low-bay for Commercial and o High-bay Aisle must be installed greater than or equal to 15 ft. above finished floor (AFF). DLC Category Indoor DLC General Application High-Bay o High-bay for Commercial and o Low-bay for Commercial and o High-bay Aisle 01/02/2018 Page 5 of 12
6 LED Exterior RL 151 RL 152 RL 153 Description New LED exterior luminaire lamp wattage less than 150W New LED exterior luminaire lamp wattage 175W 250W New LED exterior luminaire lamp wattage 251W 400W Reduced Incentive/Unit 35 $60/Fixture 125 $100/Fixture 200 $150/Fixture Technical Requirements in addition to General Lighting Requirements listed on page 2. DLC Category Outdoor DLC General Application Outdoor Low Output o Outdoor Pole/Arm-mounted Area and Roadway o Outdoor Pole/Arm-mounted Decorative o Outdoor Full-Cutoff Wall-mounted Area o Bollards o Parking Garage o Fuel Pump Canopy o Architectural Flood and Spot o Landscape/Accent Flood and Spot DLC Category Outdoor DLC General Application Outdoor Mid Output o Outdoor Pole/Arm-mounted Area and Roadway o Outdoor Pole/Arm-mounted Decorative o Outdoor Full-Cutoff Wall-mounted Area o Bollards o Parking Garage o Fuel Pump Canopy o Architectural Flood and Spot o Landscape/Accent Flood and Spot DLC Category Outdoor DLC General Application Outdoor High Output o Outdoor Pole/Arm-mounted Area and Roadway o Outdoor Pole/Arm-mounted Decorative o Outdoor Full-Cutoff Wall-mounted Area o Bollards o Parking Garage o Fuel Pump Canopy o Architectural Flood and Spot o Landscape/Accent Flood and Spot 01/02/2018 Page 6 of 12
7 Description LED Exterior continued RL 154 RL 155 New LED exterior luminaire lamp wattage 401W 750W New LED exterior luminaire lamp wattage 751W 1000 Reduced Incentive/Unit 400 $200/Fixture 550 $300/Fixture Technical Requirements in addition to General Lighting Requirements listed on page 2. DLC Category Outdoor DLC General Application Outdoor High Output o Outdoor Pole/Arm-mounted Area and Roadway o Outdoor Pole/Arm-mounted Decorative o Outdoor Full-Cutoff Wall-mounted Area o Bollards o Parking Garage o Fuel Pump Canopy o Architectural Flood and Spot o Landscape/Accent Flood and Spot DLC Category Outdoor DLC General Application Outdoor Very High Output o Outdoor Pole/Arm-mounted Area and Roadway o Outdoor Pole/Arm-mounted Decorative o Outdoor Full-Cutoff Wall-mounted Area o Bollards o Parking Garage o Architectural Flood and Spot o Landscape/Accent Flood and Spot RL 161 LED linear retrofit kit for 2x2 and 1x4 fixtures 20 $5/Kit DLC Category Indoor Retrofit Kit DLC General Application Troffer o Linear Retrofit Kits for 2x2 o Linear Retrofit Kits for 1x4 LED Retrofit Kits RL 162 LED linear retrofit kit for 2x4 fixtures 20 $10/Kit RL 163 LED integrated retrofit kit for 2x2 and 1x4 fixtures 20 $40/Kit DLC Category Indoor Retrofit Kit DLC General Application Troffer o Linear Retrofit Kits for 2x4 DLC Category Indoor Retrofit Kit DLC General Application Troffer o Integrated Retrofit Kits for 2x2 o Integrated Retrofit Kits for 1x4 RL 164 LED integrated retrofit kit for 2x4 fixtures 20 $60/Kit DLC Category Indoor Retrofit Kit DLC General Application Troffer o Integrated Retrofit Kits for 2x4 01/02/2018 Page 7 of 12
8 Description RL 165 Reduced Incentive/Unit LED integrated flat panel retrofit kit for 2x2 and 1x4 fixtures 20 $10/Kit Technical Requirements in addition to General Lighting Requirements listed on page 2. DLC Category Indoor Retrofit Kit DLC General Application Troffer o Integrated Retrofit Kit for 2x2 and 1x4 o Flat panel retrofit kits must be installed indoors, and be a maximum of 3 ½ inches in height LED Retrofit Kits continued RL 166 LED integrated flat panel retrofit kit for 2x4 fixtures 20 $20/Kit RL 167 LED retrofit kit for linear ambient luminaire 5 $3/Foot RL 168 LED retrofit kit for high/low bay luminaire 40 $30/Kit RL 169 LED retrofit kit for exterior luminaire 40 $30/Lamp DLC Category Indoor Retrofit Kit DLC General Application Troffer o Integrated Retrofit Kit for 2x4 o Flat panel retrofit kits must be installed indoors, and be a maximum of 3 ½ inches in height DLC Category Indoor Retrofit Kit DLC General Application Linear Ambient o Retrofit Kits for Direct Linear Ambient DLC Category Indoor Retrofit Kit DLC General Application High-Bay o Retrofit Kits for High-bay for Commercial and o Retrofit Kits for Low-bay for Commercial and DLC Category Outdoor Retrofit Kit DLC General Application Outdoor Low, Mid, High, or Very High Output DLC Primary Use Retrofit Kits for Outdoor Pole/Arm-mounted Areas and Roadway Retrofit Kits for Pole/Arm-mounted Decorative Retrofit Kits for Large Outdoor Pole/Armmounted Area and Roadway Retrofit Kits for Outdoor Full-Cutoff Wallmounted Area Retrofit Kits for Parking Garage Retrofit Kits for Fuel Pump Canopy ENERGY STAR Fixtures RL 171 New LED ENERGY STAR fixture 10 $15/Fixture RL 172 New LED ENERGY STAR fixture High Output 25 $75/Fixture ENERGY STAR fixtures must either be inseparable or be packaged with an ENERGY STAR qualifying lamp from the manufacturer. Screw or plug-in based recessed trim kits are not eligible for this measure. ENERGY STAR fixtures must either be inseparable or be packaged with an ENERGY STAR qualifying lamp from the manufacturer. Screw or plug-in based recessed trim kits are not eligible for this measure. 01/02/2018 Page 8 of 12
9 RL 181 Description Type C LED linear lamp and new LED driver Reduced Incentive/Unit 10 $4/Lamp Technical Requirements in addition to General Lighting Requirements listed on page 2. DLC Category Linear Replacement Lamps DLC General Application Four-Foot Linear Replacement Lamps Two-Foot Linear Replacement Lamps 2-lamp External Driver Lamp-Style Retrofit Kits (UL Type C) 3-lamp External Driver Lamp-Style Retrofit Kits (UL Type C) 4-lamp External Driver Lamp-Style Retrofit Kits (UL Type C) LED Replacement Lamps RL 182 Type C LED mogul screw-base replacement for an HID lamp and new external driver 60 $30/Lamp DLC Category Mogul Screw-Base Replacements for HID Lamps DLC General Application o Outdoor Low, Mid, High, or Very High Output o High-Bay o Replacement Lamps for Outdoor Pole/Armmounted Area and Roadway (Type C) o Replacement Lamps for Outdoor Pole/Armmounted Decorative (Type C) o Replacement Lamps for Outdoor Full- Cutoff Wall-mounted Area (Type C) o Replacement Lamps for Parking Garage (Type C) Replacement Lamps for Fuel Pump Canopy (Type C) o Replacement Lamps for High-Bay (Type C) o Replacement Lamps for Low-Bay (Type C) 01/02/2018 Page 9 of 12
10 LIGHTING CONTROLS Description Controlled Incentive/ Unit Wall/Surface- Mounted Control Incentive Cap Technical Requirements in addition to General Lighting Requirements listed on page 2. Networked Lighting Controls LC 101 LC 102 LC 103 Networked lighting control w/ local or cloud server required Networked lighting control w/ local or cloud server required - lower wattage fixtures/downlights Networked lighting control (no server required) 20 $50/Fixture $100 NA $10/Fixture $ $40/Fixture $80 Equipment must be listed on DLC CALC Qualified Products List. Ceiling/wall-mounted sensors able to be programmed, configured, networked, and addressable. Minimum of two different control strategies must be enacted (e.g. motion and daylighting). Equipment must be listed on DLC CALC Qualified Products List. Integral fixture-mounted sensors able to be programmed, configured, networked, and addressable. Minimum of two different control strategies must be enacted (e.g. motion and daylighting). Equipment must be listed on DLC NLC Qualified Products List The DLC NLC Qualified Products List indicates the system does not require a Local or Cloud Server to operate LC 104 Networked lighting control (no server required) - lower wattage fixtures/downlights NA $8/Fixture $80 Equipment must be listed on DLC NLC Qualified Products List The DLC NLC Qualified Products List indicates the system does not require a Local or Cloud Server to operate Dual Daylight/Occupancy Controls LC 111 LC 112 Dual daylight & occupancy sensor (DOS) Dual daylight & occupancy sensor (DOS) - lower wattage fixtures/downlights 20 $30/Fixture $60 NA $6/Fixture $60 Both daylighting and occupancy controls must be installed and operate in unison. Fixtures must be located within the daylighting zone. Controls must be attached to fixtures. Both daylighting and occupancy controls must be installed and operate in unison. Fixtures must be located within the daylighting zone. Daylight Controls LC 121 LC 122 Daylight continuous dimming control 20 $20/Fixture $40 Daylight continuous dimming control - lower wattage fixtures/downlights NA $4/Fixture $40 Control must continuously dim fixtures located in a Daylight Zone (see General Control Requirements) in response to ambient daylight. 01/02/2018 Page 10 of 12
11 Description Controlled Incentive/Unit Wall/Surface- Mounted Control Incentive Cap Technical Requirements in addition to General Lighting Requirements listed on page 2. LC 131 Vacancy control 20 $20/Fixture $40 Occupancy/Vacancy Controls LC 132 Vacancy control - lower wattage fixtures/downlights NA $4/Fixture $40 Control must be set to Manual ON so fixtures controlled require a person to manually turn them ON. The control must automatically turn off light fixtures after preset time has elapsed where no occupancy is detected. LC 133 Occupancy control 20 $15/Fixture $30 LC 134 Occupancy control - lower wattage fixtures/downlights NA $3/Fixture $30 Control must automatically turn fixtures on and off based on occupancy. Contact us with any questions: Phone Fax Business@smeco.coop This program supports EmPOWER Maryland. 01/02/2018 Page 11 of 12
12 TERMS & CONDITIONS 1. ELIGIBILITY: Incentives are available to SMECO non-residential Customers for the purchase and installation of qualifying energy conservation measures (ECMs) in the SMECO service territory, subject to these Terms and Conditions (T&Cs). SMECO reserves the right to deny any application that may result in SMECO exceeding its program budget. Incentives are offered on a first-come, first served basis and are subject to project and Customer eligibility and availability of funds. 2. AUTHORIZATION, PROGRAM CHANGES, SUSPENSION, OR CANCELLATION: SMECO may change the program requirements, incentives or T&Cs, including suspending acceptance of applications or terminating the program, at any time without notice. In the event of a program change, pre-approved applications will be processed to completion under the T&Cs in effect at time of pre-approval. Submission of a completed application does not entitle the Customer to program participation. For projects requiring pre-approval entitlement to program participation, SMECO s obligation to pay incentives will occur only after SMECO has granted written authorization, which SMECO may approve or disapprove at its sole discretion. 3. PROJECT APPROVAL: Pre-approval is required for all Custom projects as well as all Prescriptive project. SMECO reserves the right to pre-inspect any project prior to preapproval. No project-related ECMs may be ordered or installed prior to the date of SMECO s pre-approval. 4. PROOF OF PURCHASE: Prior to SMECO s verification of the ECM installation, the Customer must provide copies of all invoices or other reasonable documentation that verify the costs of purchasing and installing the ECMs, including all material, labor, and equipment discounts. Invoices must indicate a verifiable breakout of all ECMs purchased for installation under this application. 5. PROJECT VERIFICATION: SMECO is not obligated to pay any incentive until it has performed a satisfactory post-installation inspection. If SMECO determines that ECMs were not installed in a manner consistent with the approved application, or if an unapproved ECM was installed, or if the installation was not consistent with generally accepted engineering practices, changes may be required before payment is issued. 6. CUSTOMER TAX OBLIGATION: The Customer or its designated contractor is responsible for declaring and paying any and all applicable federal, state, and local taxes that may be owed on any incentive payment. 7. COMPLIANCE: The Customer is responsible for obtaining any and all necessary licenses and permits related to the installation of ECMs. The Customer also agrees to comply with all federal, state, and local laws and regulations related to the installation and disposal of all equipment. 8. REMOVAL OF EQUIPMENT: The Customer agrees to remove and dispose of the equipment being replaced by the ECMs in accordance with all legal requirements. The Customer agrees not to re-install any of this equipment in the SMECO service territory or transfer it to any other party for such installation. 9. REPLACEMENT OF FAILED EQUIPMENT: Customers who install ECMs are expected to replace any of the ECMs that fail with similar or superior energy-saving equipment at the Customer s expense. 10. EVALUATION FOLLOW-UP VISITS: With advance notice, SMECO reserves the right to make follow-up visits to Customer facilities during the 36 months following the actual completion of the project to provide SMECO with an opportunity to review the operation of the ECMs for program evaluation purposes. 11. CONTRACTOR SELECTION: The Customer may select any contractor to perform the work contemplated by the application, whether a SMECO Service Provider or not. However, SMECO reserves the right, in its sole reasonable discretion, to prohibit specific contractors from program participation. 12. NO WARRANTIES: SMECO does not endorse, guarantee, or warrant any particular manufacturer or product, and SMECO provides no warranties, expressed or implied, for any products or services. SMECO is not liable or responsible for any act or omission of any contractor hired by the Customer (if any) whether or not said contractor is a participating SMECO Service Provider. The Customer s reliance on warranties is limited to any warranties that may arise from or be provided by contractors, vendors, etc. The Customer acknowledges that neither SMECO nor any of its consultants is responsible for ensuring that the design, engineering, and construction of the facility or installation of the ECMs is proper or complies with any particular laws (including patent laws), codes, or industry standards. SMECO does not make any representations of any kind regarding the results to be achieved by the ECMs or the adequacy of safety of such measures. 13. LIMITATION OF LIABILITY: SMECO s sole liability is limited to paying the properly qualified rebates specified herein. SMECO shall not be liable to the Customer or any other party for any indirect, consequential, or incidental damages, regardless of the theory of recovery, caused by or arising from any activities associated with this program. 14. OBLIGATIONS BETWEEN THE PARTIES: Customer acknowledges that any contractor selected by the Customer is not an agent, contractor, or subcontractor of SMECO and is an independent contractor engaged by the Customer, and that SMECO does not manage or control the contractor s performance. SMECO shall have no obligation to maintain, remove, or perform any work whatsoever on the ECMs installed. SMECO shall have no liability for contractor s failure to perform, for failure of the ECMs to function, for any damage to the Customer s premises caused by the contractor, or for any and all damages to property or injuries to persons caused by the ECMs. 15. ENERGY BENEFITS: SMECO is entitled to 100% of the energy benefits associated with the ECMs, excluding the value of energy cost savings realized by the Customer, but including all rights to all associated PJM Energy, Capacity and Reserves Products, and applicable environmental credits. The Customer agrees to provide SMECO with such further documentation as SMECO may request to confirm SMECO s ownership of such benefits and products. 16. MISCELLANEOUS: These T&Cs and this application constitute the entire agreement between the parties and supersede all other communications and representations. 01/02/2018 Page 12 of 12
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