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GENERAL ON-BILL FINANCING LOAN AGREEMENT
<br />Accordingly, if after the Adjustment, the Loan Balance falls below the minimum loan amount or if the simple
<br />payback period exceeds the program maximum payback period, each as described in the Application, PG&E
<br />shall have no obligation to extend the Loan, as the Work would not meet program requirements. The
<br />Adjustment described in this paragraph will be communicated to the Customer in writing and will automatically
<br />become part of this Loan Agreement, except that any proposed increase in the Loan Balance will only become part of
<br />this Loan Agreement upon Customer’s written consent to such increase.
<br />3. PG&E shall have no liability in connection with, and makes no warranties, expressed or implied,
<br />regarding the Work. Customer will be responsible for any and all losses and damage it may suffer in
<br />connection with, and any claims by third parties resulting from, the Work. Customer shall indemnify and hold
<br />harmless PG&E, its affiliates, and their respective owners, officers, directors, employees and agents thereof, from
<br />and against all claims, demands, liabilities, damages, fines, settlements or judgments which arise from or are caused
<br />by (a) any breach of the Agreement by Customer; (b) any defects or problems with the Work, or the failure of the
<br />Work to deliver any anticipated energy efficiencies; (c) Customer’s failure to pay any amount due or claimed by
<br />Contractor with respect to the Work; or (d) the wrongful or negligent acts or omissions of any party (including
<br />Contractor) in the conduct or performance of the Work.
<br />4. Customer represents and warrants that (a) Customer is receiving this Loan solely for Work obtained in
<br />connection with Customer’s business, and not for personal, family or household purposes; (b) Customer, if not an
<br />individual or a government agency, is duly organized, validly existing and in good standing under the laws of its state
<br />of formation, and has full power and authority to enter into this Agreement and to carry out the provisions of this
<br />Agreement. Customer is duly qualified and in good standing to do business in all jurisdictions where such
<br />qualification is required; (c) this Loan Agreement has been duly authorized by all necessary proceedings, has been
<br />duly executed and delivered by Customer and is a valid and legally binding agreement of Customer duly enforceable
<br />in accordance with its terms;
<br />The undersigned customer (“Customer”) has contracted for the provision of energy efficiency/demand response equipment and
<br />services (the “Work”) which qualify for one or more of PG&E’s applicable rebate or incentive programs. Subject to the conditions
<br />(including the process for Adjustment and preconditions to funding) set forth below, Pacific Gas & Electric Company (“PG&E”)
<br />shall extend a loan (the “Loan”) to Customer in the amount of the loan balance (the “Loan Balance”) pursuant to the terms of
<br />this On-Bill Financing Loan Agreement (“Loan Agreement”) and PG&E’s rate schedules E-OBF and/or G-OBF, as applicable
<br />(the “Schedule”).
<br />To request the Loan, Customer has submitted a completed On-Bill Financing Application and associated documentation as
<br />required by PG&E (the “Application”). Collectively the Application and this Loan Agreement (including any Adjustment
<br />hereunder) comprise the “Agreement".
<br />1. Customer shall arrange for its Contractor, as identified at the end of this Agreement (“Contractor”), to provide the
<br />Work as described in the Application.
<br />2. The estimated Loan Balance is set forth below. The total cost of the Work as installed, rebate/incentive for
<br />qualifying energy efficiency measures, Loan Balance, monthly payment, and loan term specified in this Loan
<br />Agreement may be adjusted, if necessary, after the Work and the post-installation inspection described in the
<br />Application and/or herein are completed (the “Adjustment”). The Adjustment will be calculated using the actual total
<br />cost of the Work, as installed, and the estimated energy savings (as described in the Application) of such Work. In no
<br />event will the Loan Balance be increased without Customer’s written consent, even if Customer is eligible for such
<br />increased Loan Balance. Moreover, in no event will the Loan Balance exceed the maximum loan amount stipulated in
<br />the Application. Customer understands that in order to be eligible for the Loan, the initial Loan Balance for Work may
<br />not fall below the minimum loan amount, nor may the payback period exceed the maximum payback period.
<br />(d) no consent, approval, authorization, order, registration or qualification of or with any court or regulatory authority
<br />or other governmental body having jurisdiction over Customer is required for, and the absence of which would
<br />adversely affect, the legal and valid execution and delivery of this Loan Agreement, and the performance of the
<br />transactions contemplated by this Loan Agreement; (e) the execution and delivery of this Loan Agreement by
<br />Customer hereunder and the compliance by Customer with all provisions of this Loan Agreement: (i) will not conflict
<br />with or violate any Applicable Law; and (ii) will not conflict with or result in a breach of or default under any of the
<br />terms or provisions of any loan agreement or other contract or agreement under which Customer is an obligor or by
<br />which its property is bound; and (f) all factual information furnished by Customer to PG&E in the Application and
<br />pursuant to this Agreement is true and accurate.
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