Commercial High Efficiency Foodservice Program
Eligible Electric Customer Terms and Conditions
These terms and conditions apply to the Commercial High Efficiency Foodservice (“Program”).
Enrollment Qualifications and Requirements for Participation in the Program
1. Equipment must be installed on or after January 1st, 2024, and before December 1st, 2024.
2. (“Eligible Customer”) is a CenterPoint Energy non-residential customer who has/is:
a. Electric service under a non-residential rate class from CenterPoint Energy in Texas.
b. Qualifying Equipment to be installed and operated at their premises within CenterPoint Energy's service territory in Texas.
c. Responsible for the electric bill, is the owner of the facility, or reasonably able to secure permission to complete measures.
3. Eligible Customer qualifies for more than one incentive per location during the Program time period, except as stated below.
4. CenterPoint Energy, TRC Engineers, Inc. (“TRC”) and/or its designees including Program administrators and evaluation contractors reserve the right to review installations to verify completion and ensure compliance with all Program requirements. Such reviews will be made at a time convenient to the applicant. Denial of such verification or misrepresentation of installation location or measure eligibility may result in forfeiture of the incentive.
5. Service must be completed in accordance with all laws, codes, and other requirements applicable under federal, state, and local authority.
6. If required, the Eligible Customer shall be responsible to make their own arrangements with any installer of their choice. In no event shall CenterPoint or TRC be a party to such arrangement in any manner.
7. It is Eligible Customer’s sole responsibility to confirm the adequacy of the equipment being installed. In no event shall CenterPoint Energy or TRC assume or be construed as assuming such responsibility.
8. The Eligible Customer shall coordinate disposal of replaced equipment, whether through the installation or the supplier of the new equipment.
9. The Eligible Customer shall be responsible for any pre-existing conditions within the facility where the new equipment is to be installed.
Payment
1. Incentive application must be submitted within thirty (30) calendar days of the installation completion and no later than December 1, 2024. It is the Customer’s responsibility to ensure that all requirements of the incentive are met. Failure to provide any of the required information will delay application processing and could result in non-payment.
2. Incentive rates are based on the installation completion date. Customers must abide by the rules and incentive levels in effect on the date of installation.
3. Payment will be issued to the Eligible Customer’s mailing address on record with CenterPoint.
4. Processing of incentives may take up sixty (60) days from the date all required information is received.
5. Eligible Customer is urged to seek appropriate consultation concerning any tax liabilities that could be associated with the receipt of the incentive. CenterPoint Energy nor TRC will be held responsible for any tax liability which may be imposed on the incentive recipient as a result of any incentive payment. The incentive recipient will be required to submit a completed W-9 for tax purposes. Incentives equal to or greater than $600 per year could be taxable and will be reported by TRC via a 1099 Form to the IRS and the recipient. The incentive recipient is encouraged to consult a tax advisor concerning the taxability of incentives and any reporting requirements. TRC is not providing tax advice and any written or verbal communication by TRC is not intended nor can it be used for the purpose of avoiding tax penalties.
Other Requirements
1. Program procedures, requirements and incentive levels are subject to change and may be cancelled without notice. Program procedures, requirements and incentive levels are subject to the availability of Program funds and regulatory approval.
2. CenterPoint Energy's and/or Implementation Contractor's total liability under this Agreement shall be limited to paying the Incentive as set forth herein, but only if and as such Incentives become due and payable by CenterPoint Energy pursuant to the terms and conditions set forth in this Agreement and provided that funding is available, and provided further that the Eligible Customer has complied fully with all of the terms and conditions contained in this Agreement. Eligible Customer further understands that CenterPoint Energy and TRC are providing and administering the program to issue incentives in accordance with the program guidelines to improve energy efficiency in CenterPoint’s service territory. In so doing, CenterPoint Energy and TRC, their parents, subsidiaries, employees, affiliates, and agents assume no responsibility for, and make no representations (express or implied) about, the performance of the equipment or equipment warranty, the quality of the work, labor and/or materials supplied, and/or the acts or omissions of the installer or manufacturer.
3. By participating in this Program, the Customer hereby agrees to indemnify, defend, and hold harmless CenterPoint Energy and TRC, their parents, subsidiaries, employees, affiliates, and agents from any and all liability associated with the Program. CenterPoint Energy nor TRC shall be held liable for any loss or damage to any person or property whatsoever, resulting directly or indirectly from participation in this Program. In no event shall CenterPoint Energy or TRC or their parents, subsidiaries, employees, affiliates, and agents be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages. This obligation shall survive any cancellation, completion, termination, or expiration of the Eligible Customer’s participation in the Program. The terms of this section shall take precedence over any contrary verbal statements or language appearing in any other documents.
4. CenterPoint Energy retains all rights to energy and demand savings resulting from measures installed under this Program. Customer’s participation in the Program means that the Customer is hereby consenting that CenterPoint Energy may share the Customer’s pertinent and personal information with CenterPoint Energy’s agents and contractors, including, but not limited to, its implementing contractors and its measurement and verification vendor. Pertinent and personal customer information includes account holder name, account number, energy usage and billing information, address, other contact information, measures installed, period of installation, demand/energy reductions resulting from measures installed under this Program and the technical basis for such reductions, loss factors, coincidence factors, interactive factors, building type and other information necessary to implement and monitor the Program including other information as required by regulatory authorities.
5. Customer understands and affirms that the installed measures associated with this incentive application have not been, and will not be, incentivized or otherwise financially supported by any other CenterPoint Energy-sponsored energy efficiency program. Under no circumstances may a program measure be incentivized twice except as otherwise noted in the Program Terms and Conditions regarding allowances for multiple incentive applications (when applicable).
6. This Agreement embodies the entire agreement and conditions relating to the subject matter hereof.
7. Other than as set forth herein, this Agreement may only be amended or modified by an instrument in writing duly executed by the Parties hereto.
8. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws and principles.
9. The waiver by a Party of a breach or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or provision.
10. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors, and assigns.
11. The relationship of the Parties is that of independent parties. None of the provisions of this Agreement is intended to create nor will be construed to create an agency, partnership, or employment relationship among or between the Parties. No Party, nor any of its respective officers, members, or employees, will be deemed to be the agent, employee, or representative of the other Party.
12. The provisions contained in this Agreement which by their nature or effect are required or intended to be observed, kept, or performed after expiration or termination of this Agreement shall survive termination of this Agreement and continue to bind the parties.
13. It is agreed by the Parties that there will be no assignment or transfer of this Agreement, nor of any interest in this Agreement, without the prior written consent of all Parties.
14. If any part of this Agreement is determined to be judicially unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect.
No Party shall be liable nor in breach or default of its obligations under this Agreement to the extent performance of such obligations is delayed or prevented, directly or indirectly, due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, terrorism, war (declared or undeclared), epidemics, material shortages, insurrection, acts (or omissions) of the other Parties or its agents, any act (or omission) by any governmental authority, strikes, labor disputes, transportation shortages, or vendor non-performance. The performance date shall be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, unless terminated earlier at CenterPoint Energy’s sole discretion.