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The following terms and conditions shall apply to your participation in the peaksaver ® program: |
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1. The peaksaver ® program is funded by the Ontario Power Authority ("OPA") and delivered through Toronto Hydro.
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2. You agree to have the Device installed in, on or outside your premises. You must not move, remove, tamper with, disable or damage the Device. Even though the Device is installed in, on or outside your premises, it continues to be the property of Toronto Hydro. As such, Agent will be responsible for maintaining the Device and is entitled to remove the Device from your premises for any reason whatsoever.
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3. In the event that you withdraw from the peaksaver ® program, Toronto Hydro is entitled to remove the Device from your premises.
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4. If you are a tenant, you have the written consent from the owner of the premises to allow for the installation of the Device a copy of which shall be provided to Toronto Hydro or its Representative prior to installation of the Device.
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5. You agree to allow the Agent to have reasonable access to your premises in order to inspect, test and maintain or remove the Devices, as required.
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6. You agree that that the OPA or its contractor has the right to activate the Device(s) which will interrupt power to the appliance to which it is attached for a period of time in order to temporarily reduce demand for electricity. Each Device may be activated to control electricity demand of the appliance to which it is attached for a period not to exceed four hours per day, and an aggregate maximum of 40 hours per calendar year. You agree that you shall not receive any payments as a result of an activation of the Device(s).
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7. You may submit a request by phone to the peaksaver customer service centre by calling the telephone number identified in paragraph 7, or in writing that a Device be taken out of operation for a period not to exceed 48 hours.
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8. Regardless of whether one or more Devices are installed, you are entitled to receive a one time benefit of the current peaksaver ® program promotion incentive.
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9. If the Device is a peaksaver ® thermostat, it may replace your existing thermostat. You shall retain your existing thermostat in a safe place. You will not remove or tamper with the peaksaver thermostat, or permit any other person to remove or tamper with the peaksaver® thermostat, without Toronto Hydro's prior consent. You will promptly report any malfunction of the peaksaver® thermostat to the Agent's customer service centre at 1-877-487-8574. In the event that you withdraw from the peaksaver ® program for any reason, Toronto Hydro is entitled to remove the peaksaver ® thermostat from your business and you will be responsible for reinstallation of the old thermostat and any related expenses.
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10. You consent to the collection, use, disclosure and verification, from time to time, of any information about your business contained in your work order form ("Confidential Information") in relation to the delivery of the peaksaver ® program by Toronto Hydro and the Agent (or any of their respective employees, agents, representatives or affiliates which may be located in Canada and the United States). You understand that such Confidential Information will be collected, used and disclosed by Toronto Hydro and the Agent (or any of their respective employees, agents, representatives or affiliates which may be located in Canada and the United States) for the purposes of: (a) delivering the peaksaver® program to you; (b) providing you with information and offers regarding other products and services provided by Toronto Hydro; and (c) to provide information to the OPA, the Ontario Energy Board ("OEB"), or any successor thereto, as required by the OPA or the OEB from time to time.
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11. The term of the peaksaver ® program commences on the date that the Device is installed by the Agent at your premise and terminates on a date not earlier than December 31, 2014 (the "Term").
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12. You may submit a request that you terminate participation in the peaksaver® program and have the Devices cease operation. Toronto Hydro will comply with such request provided it is made in writing or by telephone at least ten (10) business days in advance.
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13. If you breach any of your obligations in this agreement, Toronto Hydro has the right to remove the Device(s) or require that you return the Device(s) to Toronto Hydro and terminate your participation in the peaksaver® program.
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14. You acknowledge that Toronto Hydro is entitled to any and all monies, benefits or credits or other recognition from the OEB and the OPA which may be granted in respect of and/or as a result of the net benefits created by the peaksaver ® program.
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15. You agree that you do not have any right, title or interest in and to the benefits or entitlements associated with decreased environmental impact now or in the future, direct or indirect, arising as a result of, relating to or in connection with this peaksaver® program ("Environmental Attributes"), nor the right to quantify and register such Environmental Attributes with competent authorities.
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16. The maximum liability that Toronto Hydro, the OPA and their respective agents, employees, officers, directors and shareholders (and any other person for whom Toronto Hydro or the OPA is at law responsible (collectively, the Indemnitees") is limited to the amount that you were paid for your participation in the peaksaver® program. None of the Indemnitees will be liable for any indirect damages of any kind nor for any inconvenience that is suffered by the business, you, any employee, occupant, customer or guest. You agree to indemnify the Indemnitees if the business, you employee, occupant, customer or guest seeks damages against any of them for any reason that is connected with this contract or the Device.
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17. Toronto Hydro reserves the right to assign, sell or transfer all or any portion of its rights, title, interest in and under this agreement at any time to any party without your consent. Customer may not assign its rights and obligations under this agreement without prior written consent of Toronto Hydro. Notwithstanding the foregoing, you may assign your rights and obligations under this agreement to any buyer of the business whom you agree to notify in the agreement of purchase and sale that the Device is subject to this agreement and the third party agrees in writing or by conduct assumes your obligations under this agreement.
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18. Toronto Hydro may amend this agreement at any time by giving you written notice. If you do not agree with any such amendment, you may terminate this agreement.
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19. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. This agreement will enure to the benefit of each of Toronto Hydro and the Agent and their respective successors and assigns, and be binding upon you, your successors and your assigns. |