Topic:"Contract Terms" in M09096

26. GENERAL - 26.1 This Agreement shall only be renewed in accordance with the provisions of the Act. - 26.2 This Agreement shall extend to, be binding upon and enure to the benefit of the respective successors and permitted assigns of the...

AI summary The agreement outlines general terms, including renewal conditions, jurisdiction under Nova Scotia law, enforceability, and UARB approval requirements. It clarifies EfficiencyOne's independent contractor status, prohibits binding NSPI without authorization, and ensures the agreement's enforceability unless deemed unenforceable by a court.

Request IR-03: - Please refer to EfficiencyOne's evidence, page 16, lines 26 to 30. What constrains - EfficiencyOne from "turning [DSM] on or off on a short-term basis" (e.g., contractual or - operational constraints)? Please provide examp...

AI summary EfficiencyOne's ability to adjust DSM programs on a short-term basis is constrained by multi-year contractual agreements with Delivery Agents and a shortage of specialized trades and services. Examples include Home Energy Assessments, Efficient Product Installations, and specialized services like appliance retirement involving hazardous materials handling.

(w) " Release " or " Released " means a releasing, adding, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, migrating, dispersing, dispensing, disposing or dumping. (x) " Significant Chan...

AI summary The text defines key terms in a regulatory agreement, including 'Release,' 'Significant Changes,' 'Subcontractor,' and 'UARB' (Nova Scotia Utility and Review Board). It references legislation like CASL and outlines contractual provisions related to the EECA Plan and EfficiencyOne.

4. PRICE & PAYMENT - 4.1 NSPI agrees to pay EfficiencyOne for EECA as set out in Schedule "B" Compensation (the " Contract Price "). - 4.2 The Contract Price shall constitute full compensation for the EECA, and no additional compensation s...

AI summary NSPI agrees to pay EfficiencyOne for EECA services under Schedule B, with the Contract Price covering all costs. Monthly payments are due on the first business day of each month, inclusive of HST. NSPI may withhold taxes for non-residents, with provisions for statutory waivers. All payments are in Canadian currency, with no additional compensation allowed for indirect costs.

17. INTELLECTUAL PROPERTY - 17.1 NSPI acknowledges that all branding, trade and business marks of EfficiencyOne used in the course of provision of EECA pursuant to this Agreement, (the "EfficiencyOne Brands" ) are, and shall remain, the so...

AI summary NSPI and EfficiencyOne agree that all trademarks, brands, and logos used in the provision of EECA must remain the exclusive property of their respective owners. Upon termination, each party must return or destroy the other's intellectual property as instructed.

40 1 (c) to Jts knowledge, there is no matter, thing or event, Including without limitation, 2 any litigation, proceeding, breach, default or financial circumstance that would 3 adversely affect Efficiencyone's ability to perform its oblig...

AI summary This section outlines the obligations and responsibilities of EfficiencyOne under the Agreement, including compliance with laws, obtaining necessary permits, ensuring proper performance of the EECA, and notifying the UARB and NSP of potential disruptions. It also allows EfficiencyOne to subcontract work without prior approval from NSP.

10.2 Where EfficiencyOne subcontracts any part of the EECA. EfficiencyOne shall preserve 2 and protect the rights of the Parties under this Agreement with respect to the EECA to 3 be supplied or performed under subcontract, and shall be as...

AI summary The text outlines contractual obligations and responsibilities under an agreement involving EfficiencyOne and NSPI, focusing on subcontracting, confidentiality, performance requirements, and force majeure provisions. It emphasizes the need for EfficiencyOne to protect NSPI's interests and maintain compliance with regulations.

16 17 \ \ \ For certainty, in accordance with the performance requirements set out in Schedule "C" attached hereto, EfficiencyOne shall be deemed to be in substantial compliance with the approved Performance Targets if the stipulated 90 pe...

AI summary The text outlines the conditions under which EfficiencyOne would be considered in substantial compliance with approved Performance Targets, requiring at least 90% achievement. If this threshold is not met, a regulatory process will be initiated. It also introduces the concept of Net Contract Price and its allocation over the term of the agreement.