By submitting an Expression of Interest (the “EOI”) to Toronto Hydro-Electric System Limited (“Toronto Hydro”) for the Multiplex PowerPlay Pilot Program (the “Pilot”), the undersigned applicant (the “Developer”), acknowledges, agrees, represents and warrants that:
- Accuracy of Information: All information provided in this EOI is true, complete and accurate. I acknowledge that any misrepresentation, omission, or wilful dishonesty may result in the rejection of this EOI and/or, should I be selected, the termination of my participation in the Pilot.
- Eligibility: I meet, and will continue to meet, all eligibility requirements applicable to the Pilot, as set out in this EOI, any Pilot documentation and, should I be accepted, the Pilot participation agreement.
- Communications: Toronto Hydro, or its authorized representatives, may contact me in connection with this EOI, the Pilot or other related opportunities, including for the purposes of verifying the information I provide in this EOI. I agree to provide reasonable access to relevant records and to the applicable property (as required) for such purposes, upon reasonable notice from Toronto Hydro.
- No Guarantee of Acceptance: Submission of this EOI does not guarantee acceptance into the Pilot or the receipt of any funding or incentive from Toronto Hydro. Any approval, funding, or reimbursement (including funding of up to $50,000 for the purchase and the installation of an advanced smart load management device) is subject to Toronto Hydro’s sole discretion, the execution of a Pilot agreement in a form acceptable to Toronto Hydro, the satisfaction of all Pilot requirements, and the availability of Pilot funds.
- Pilot Termination: Toronto Hydro has the right to terminate this pilot at any time in its sole discretion, without liability, including for compensation or reimbursement.
- Limitation of Liability: Toronto Hydro is not liable for any injury, damage or loss to persons or property, including but not limited to injury, damage or loss arising out of the collection and/or use of Resident Information and any economic loss, loss of goodwill, loss of profit or any direct, indirect, special or consequential damages, and any costs, losses, expenses, fines, liabilities, obligations, actions, causes of action, suits, proceedings, debts, penalties and demands of any nature or kind whatsoever, from or related to this EOI, the Pilot or otherwise, or from any actions, omissions, negligence or misconduct by Toronto Hydro or its representatives in connection with this EOI, the Pilot or otherwise.
- Indemnification: The Developer shall be liable for and shall indemnify, defend, and hold harmless Toronto Hydro and its representatives from all claims, demands, actions, penalties, damages, losses, judgments and settlements, liabilities, costs, expenses, including legal fees and other related costs and expenses arising out of, related to, or incident to, the Developer or any of its representatives’ submission of this EOI to Toronto Hydro, including, without limitation:
- any breach, violation or non-performance by the Developer or any of its representatives of any terms, conditions, warranties, obligations or covenants contained in this EOI;
- any breach or violation by the Developer or any of its Representatives of any applicable laws; and
- any actions, omissions, negligence or wilful misconduct of the Developer or any of its representatives.
- Compliance with Laws: The Developer is solely responsible for ensuring compliance with all applicable laws, codes, permits, approvals, and standards in connection with any work it performs in connection with the applicable property.
- Governing Law: This EOI shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of Ontario with respect to any matter arising under or related to this EOI.
- Survival: In addition to the terms of this EOI that by their nature survive the expiry or termination of this EOI, the terms of Sections i. (Accuracy of Information), iii. (Communications), iv. (No Guarantee of Acceptance), vi. (Limitation of Liability), vii. (Indemnification), and ix. (Governing Law) shall survive the expiry or termination of this EOI for a period of five (5) years.
- Authority to Apply: I have the power, authority and capacity to submit this EOI.
- Binding Agreement: I certify that I have read, understand and agree to be bound by all of the above.