E-1-1Application
8 passages
NOTICE OF APPLICATION TO: The Nova Scotia Utility and Review Board ("UARB" or "the Board") - 1. EfficiencyOne is the holder of the Franchise issued by the Minister of Energy on November 28, 2014 effective January 1, 2015, to provide electr...
AI summary EfficiencyOne seeks approval from the Nova Scotia Utility and Review Board for a three-year Supply Agreement with NS Power (2020–2022), including a Demand Side Management plan and a Lifetime Energy Savings Performance Target. The application references the Public Utilities Act and asserts the Order is in the public interest.
EfficiencyOne IN THE MATTER OF The Public Utilities Act, R.S.N.S. 1989, c.380, as amended. - and - IN THE MATTER OF An Application by EfficiencyOne for Approval of the 2020-2022 Supply Agreement for Electricity Efficiency and Conservation...
AI summary EfficiencyOne seeks approval for a 2020-2022 supply agreement with Nova Scotia Power Inc. (NSP) under the Public Utilities Act, including establishment of a final agreement and approval of a Demand Side Management (DSM) Resource Plan for electricity efficiency and conservation activities.
19 Approval of Supply Agreement with NS Power 20 21 EfficiencyOne also requests the Board's approval of its form of Supply Agreement with 22 Nova Scotia Power Inc. ("NS Power"). The operating terms and conditions of the 23 Supply Agreement...
AI summary EfficiencyOne seeks Board approval for a revised Supply Agreement with Nova Scotia Power Inc. (NSP), aligning with prior 2016–2018 and 2019 DSM Plans but adding a 'lifetime energy savings' performance target and updated reporting requirements under the Standardized Filing Framework.
7. PROTECTION OF PROPERTY - 7.1 EfficiencyOne shall take all commercially reasonable steps to protect the property of NSPI's customers and other third parties from damage which may occur as the result of the performance of the EECA. - 7.2...
AI summary EfficiencyOne is required to protect the property of NSPI's customers and third parties during EECA implementation. They must reimburse and indemnify NSPI for damages caused by their actions, excluding cases where NSPI's negligence is the cause.
14. INDEMNITY - 4 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person 5 or property, caused by its directors, officers, employees, Subcontractors, agents or 6 representatives, and agrees not to ma...
AI summary Section 14 outlines mutual indemnification obligations between EfficiencyOne and NSPI. EfficiencyOne assumes liability for losses caused by its personnel, excluding NSPI's negligence, and agrees to indemnify NSPI against claims arising from its breaches. NSPI reciprocates, except for EfficiencyOne's negligence. Both parties must defend against third-party intellectual property claims related to EECA, with EfficiencyOne covering associated costs.
15. LIMIT OF LIABILITY - 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect to the performance or non-performance under this Agreement or for any actions undertaken in connection with or related...
AI summary The section outlines liability limits for EfficiencyOne and NSPI under the agreement. Neither party is liable for consequential losses. EfficiencyOne's liability is capped at $2 million, excluding indemnification, wilful misconduct, or refund obligations. NSPI's liability is similarly capped at $2 million, excluding wilful misconduct or Contract Price payments.
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 each party's intellectual property, including trademarks and branding, remains solely their property. Upon termination, NSPI must return or destroy EfficiencyOne's brands, while EfficiencyOne must return or destroy NSPI's brands as instructed.
18. LIENS AND CLAIMS 18.1 EfficiencyOne shall indemnify and hold harmless NSPI, NSPI's parent and their subsidiaries and affiliates (collectively the " Lien Indemnitees " or singularly " Lien - Indemnitee ") and defend each of them from an...
AI summary EfficiencyOne must indemnify and defend NSPI and its affiliates against liens or claims arising from subcontractors' work on EECA projects. EfficiencyOne must promptly discharge such liens, with NSPI retaining the right to offset costs if EfficiencyOne fails to act. NSPI's liability is capped at amounts payable to EfficiencyOne. The Builders' Lien Act of Nova Scotia is referenced as a legal framework.
E-9NSPI Evidence
4 passages
Q. What is your professional experience and background? A. I have 40 years of experience in the energy industry. Since LAI's formation in 1989, I have advised stakeholders, in particular, utilities, ISOs, and private equity investors on di...
AI summary The individual has 40 years of energy industry experience, advising utilities, ISOs, and regulators on resource adequacy, carbon reduction, and procurement. They have worked on IRP, demand response, energy efficiency, and transmission projects across the U.S. and Canada, representing entities like DEEP, PURA, and EDCs, and testified in regulatory proceedings.
RETAIL & WHOLESALE CHOICE Formulated risk management option programs for University of Rochester, Cornell University, Phelps Dodge, and Visy Paper. Negotiated gas supply and transportation contracts for Texas Instruments. Profiled and aggr...
AI summary The text details energy-related activities including contract negotiations, RFP design, and energy procurement for various organizations across North America and internationally. Key activities involve gas and electricity contracts, rate design, and representation in regulatory transitions, with a focus on universities, utilities, and industrial clients.
California Public Utilities Commission Pacific Gas and Electric Co. (Contracts)
AI summary The California Public Utilities Commission (CPUC) is involved in a proceeding concerning Pacific Gas and Electric Co. (PG&E) contracts, focusing on regulatory oversight and contract management.
Connecticut Public Utilities Regulatory Authority (formerly Department of Public Utility Control) Wholesale Procurement of Standard Service and Last Resort Service United Illuminating Company (multiple rounds) Connecticut Light & Power Com...
AI summary The Connecticut Public Utilities Regulatory Authority (PURA) oversees multiple regulatory docket proceedings involving wholesale procurement, long-term contracts, peaker generation, and integrated resource planning. Key entities include United Illuminating Company and Connecticut Light & Power Company, with docket numbers spanning from 2006 to 2010.
E-14E1 (IG) RIR-1 to RIR-25
7 passages
8. ENVIRONMENT - 8.1 EfficiencyOne and its Subcontractors shall at all times comply with all Environmental Laws that apply in any way to the supply or performance of the EECA. EfficiencyOne and its Subcontractors shall not cause, permit or...
AI summary EfficiencyOne and its subcontractors must comply with environmental laws and indemnify NSPI against costs from hazardous substance releases. NSPI's parent and affiliates are protected from such liabilities, with EfficiencyOne agreeing to hold them harmless from breaches of environmental regulations.
14. INDEMNITY - 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person or property, caused by its directors, officers, employees, Subcontractors, agents or representatives, and agrees not to make or...
AI summary Section 14 outlines mutual indemnity obligations between EfficiencyOne and NSPI. EfficiencyOne assumes liability for third-party claims except those caused by NSPI's negligence, while NSPI indemnifies EfficiencyOne for breaches except those caused by EfficiencyOne's negligence. Both parties agree to defend and compensate each other for legal costs, with specific provisions for intellectual property infringement claims.
15. LIMIT OF LIABILITY 15.1 Neither Party shall be liable to the other Party for any Consequential Losses with respect to the performance or non-performance under this Agreement or for any actions undertaken in connection with or related t...
AI summary Section 15 limits NSPI's liability to EfficiencyOne to $2 million, excluding wilful misconduct and Contract Price obligations. EfficiencyOne must indemnify NSPI for third-party claims, wilful misconduct, and refund obligations. The clause defines NSPI's liability cap and exclusions.
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 The document outlines intellectual property rights between NSPI and EfficiencyOne, stipulating that all EfficiencyOne Brands remain EfficiencyOne's exclusive property, while NSPI Brands remain NSPI's. Both parties agree to return or destroy each other's brands upon termination of the Agreement. This pertains to the provision of EECA under the agreement.
18. LIENS AND CLAIMS - 18.1 EfficiencyOne shall indemnify and hold harmless NSPI, NSPI's parent and their subsidiaries and affiliates (collectively the " Lien Indemnitees " or singularly " Lien Indemnitee ") and defend each of them from an...
AI summary EfficiencyOne must indemnify NSPI and its affiliates against liens or claims from subcontractors related to EECA activities. NSPI may offset costs if EfficiencyOne fails to discharge liens promptly, and EfficiencyOne may contest claims with a bond. The Builders' Lien Act of Nova Scotia is referenced as a legal framework.
Limited Rights 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (di...
AI summary The Recipient is granted only limited rights to use Confidential Information under the Agreement, with explicit clarification that no licenses for intellectual property rights (patents, copyrights, etc.) are granted, either directly or indirectly, under any current or future claims.
Indemnity 13. The Recipient shall indemnify and hold the Disclosing Party harmless from any and all loss, liability, cost or expense (including, without limitation, solicitor's costs on a solicitor and client basis and all other costs of d...
AI summary The indemnity clause requires the Recipient to compensate the Disclosing Party for losses arising from breaches of the agreement, including legal costs and defense expenses. This obligation persists even after the agreement's termination.
78612Compliance Filing
9 passages
Supply Agreement - EfficiencyOne was directed to complete the Supply Agreement in accordance with the - Decision of the Board. Subsequent to the decision of the Board, EfficiencyOne and NS Power - worked together in an effort to finalize t...
AI summary EfficiencyOne and NS Power are finalizing a Supply Agreement in accordance with the Board's decision, with an executed agreement expected to be filed soon as Appendix C of the Compliance Filing.
4. CONCLUSION - EfficiencyOne respectfully submits that this Compliance Filing, and the Supply Agreement - filed herewith, addressing the NSUARB's decision of August 2, 2019. EfficiencyOne - requests approval of this Compliance Filing and...
AI summary EfficiencyOne submits a Compliance Filing and Supply Agreement to the NSUARB, seeking approval in response to their August 2, 2019 decision. The filing addresses regulatory compliance and requests formal approval of the submitted documents.
8. ENVIRONMENT - 8.1 EfficiencyOne and its Subcontractors shall at all times comply with all Environmental Laws that apply in any way to the supply or performance of the EECA. EfficiencyOne and its Subcontractors shall not cause, permit or...
AI summary EfficiencyOne and its subcontractors must comply with environmental laws and indemnify NSPI against costs arising from hazardous substance releases under the EECA agreement. This includes holding NSPI and its affiliates harmless from any indemnified costs linked to such releases.
11. CONFIDENTIAL AND PERSONAL INFORMATION - 11.1 The Parties have executed or agree to execute the confidentiality agreement attached hereto as Schedule "D" - Confidentiality (" Confidentiality Agreement "). - 11.2 EfficiencyOne shall be r...
AI summary The Parties agree to a confidentiality agreement (Schedule D) requiring EfficiencyOne to secure NSPI's personal information and indemnify NSPI against liabilities from misuse or unauthorized disclosure, including CASL violations. EfficiencyOne bears full responsibility for data security and potential legal consequences.
14. INDEMNITY - 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person or property, caused by its directors, officers, employees, Subcontractors, agents or representatives, and agrees not to make or...
AI summary EfficiencyOne and NSPI agree to mutual indemnification for losses caused by their respective employees or agents, excluding negligence or wilful misconduct. Both parties must defend and indemnify each other against third-party claims, including intellectual property infringement, with EfficiencyOne handling defense and settlements for IP-related claims.
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.
18. LIENS AND CLAIMS 18.1 EfficiencyOne shall indemnify and hold harmless NSPI, NSPI's parent and their subsidiaries and affiliates (collectively the " Lien Indemnitees " or singularly " Lien Indemnitee ") and defend each of them from and...
AI summary EfficiencyOne must indemnify NSPI against liens or claims arising from subcontractors or third parties related to EECA projects. NSPI may offset costs if EfficiencyOne fails to discharge liens promptly. EfficiencyOne may contest liens by providing a satisfactory bond. NSPI's liability is capped at amounts payable to EfficiencyOne.
Limited Rights 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (di...
AI summary The Recipient is granted only limited rights to use Confidential Information under the Agreement, with explicit clarification that no licenses or rights under patents, copyrights, or other intellectual property are conferred. The agreement strictly confines usage to the terms outlined.
Indemnity 13. The Recipient shall indemnify and hold the Disclosing Party harmless from any and all loss, liability, cost or expense (including, without limitation, solicitor's costs on a solicitor and client basis and all other costs of d...
AI summary The Recipient is obligated to indemnify the Disclosing Party against all losses, liabilities, costs, and expenses arising from the Recipient's breach of the Agreement, including legal costs. This indemnity obligation remains in effect even after the Agreement's termination.
79681Executed Supply Agreement from EOne and NS Power
6 passages
4 14. INDI:MNITY - 5 6 7 8 9 10 14.1 EfficiencyOne shall assume all risk of loss, damage or injury, including death, to person or property, caused by its directors, officers, employees, Subcontractors, agents or representatives, and agrees...
AI summary The section outlines mutual indemnification obligations between EfficiencyOne and NSPI. EfficiencyOne assumes liability for losses caused by its actions, except those due to NSPI's negligence. NSPI similarly indemnifies EfficiencyOne except for its own negligence. Both parties must cover legal costs and defend against third-party claims, including intellectual property infringement related to EECA.
sponsibility to 25 impose upon each Subcontractor the same responsibilities and obligations imposed 26 upon EfficiencyOne under such provisions. ' 27 16.4 EfficiencyOne agrees to provide proof of Insurance to NSPI on an annual basis. Such...
AI summary The text outlines contractual obligations between EfficiencyOne and NSPI, including liability limits, insurance requirements, and intellectual property rights. EfficiencyOne must provide annual insurance proof to NSPI and retain ownership of its brands. NSPI retains exclusive rights to its own brands and must return or destroy EfficiencyOne's brands upon termination. The agreement governs EECA program implementation.
18. LIENS AND CLAIMS - 2 18.1 EfficiencyOne shall Indemnify and hold harmless NSPI, NSPI's parent and their 3 subsidiaries and affiliates (collectively the "Lien Indemnitees" or singularly "Lien 4 Indemnitee") and defend each of them from...
AI summary EfficiencyOne is required to indemnify NSPI and its affiliates against liens or claims arising from EECA-related work by subcontractors. NSPI may offset costs if EfficiencyOne fails to discharge liens promptly, with EfficiencyOne allowed to contest claims by providing a satisfactory bond. NSPI's liability is capped at amounts payable to EfficiencyOne.
1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 25.3 26. 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 The Parties agree that ongoing coordination and regular communicatio...
AI summary The agreement between NSPI and EfficiencyOne emphasizes quarterly coordination for EECA planning, stipulates renewal based on the Act, defines governing laws (Nova Scotia/Canada), and submits disputes to Nova Scotia's Supreme Court. EfficiencyOne is an independent contractor, not an agent of NSPI, with no employee relationships.
Limited Rights 1 The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (dire...
AI summary The agreement restricts the Recipient's rights to using Confidential Information solely under the terms specified, explicitly denying any licensing of intellectual property rights. No broader rights or licenses are granted, directly or indirectly.
7 Indemnity The Recipient shall indemnify and hold the Disclosing Party harmless from any and all loss, liability, cost or expense (including, without limitation, solicitor's costs on a solicitor and client basis and all other costs of def...
AI summary The Recipient is obligated to indemnify the Disclosing Party against all losses, liabilities, costs, and expenses arising from the Recipient's breach of the Agreement, including legal costs. This obligation remains in effect even after the Agreement's termination.