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8F Consent 2013 1007
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8F Consent 2013 1007
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10/25/2013 9:41:17 AM
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10/2/2013 2:41:08 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/7/2013
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_CC Agenda 2013 1007 RG
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 1007
Reso 2013-126
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\City Clerk\City Council\Resolutions\2013
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5. The Application must include the Federal Tax Identification Number or Social Security Number of the party who <br />will be the recipient of the checks for the rebate/incentive or any Loan proceeds. Checks may be issued directly to <br />the Customer or its designated Contractor or both, for the benefit of the Customer, as specified below. Customer <br />acknowledges that PG&E will not be responsible for any tax liability imposed on the Customer or its contractor in <br />connection with the transactions contemplated under the Agreement, whether by virtue of the Loan contemplated <br />under the Agreement, or otherwise, and Customer shall indemnify PG&E for any tax liability imposed upon PG&E as <br />a result of the transactions contemplated under the Agreement. <br />6. Upon completion of the Work, Customer shall send a written confirmation of completion to PG&E’s On-Bill <br />Financing Program Administrator at the address listed in Section 15. Within 60 days after receiving the confirmation, <br />PG&E (a) will conduct a post installation inspection and project verification, including review of invoices, receipts and <br />other documents as required by PG&E to verify the correctness of any amounts claimed by Customer; (b) will adjust, <br />if necessary, the total cost, incentive, Loan Balance, monthly payment, and loan term as stated above; and (c) if <br />PG&E deems necessary, obtain updated financial information to verify that Customer has good credit standing (as <br />determined by PG&E) prior to making the Loan. Customer shall give PG&E reasonable access to its premises and <br />the Work and shall provide such updated financial information to PG&E upon request. PG&E may decline to make <br />the Loan if PG&E determines, in its sole discretion, that Customer does not have good credit standing at that time. <br />a. The Customer agrees to repay to PG&E the Loan Balance in the number of payments listed below and in <br />equal installments (with the final installment adjusted to account for rounding), by the due date set forth in each <br />PG&E utility bill or loan installment bill rendered in connection with Customer’s account (identified by the number <br />set forth below) (“Account”), commencing with the bill which has a due date falling at least 30 days after the <br />Issuance Date. <br />b. If separate energy service bills and loan installment bills are provided, amounts due under this Loan <br />Agreement as shown in the loan installment bill shall be deemed to be amounts due under each energy services <br />bill to the Account, and a default under this Loan Agreement shall be treated as a default under the Account. <br />If the Work conforms to all requirements of the Agreement and all amounts claimed by Customer as Work costs are <br />substantiated to PG&E’s reasonable satisfaction, and PG&E is satisfied that Customer has good credit standing, <br />PG&E will issue a check (“Check”) to Customer or Contractor (as designated by Customer in Section 15) for all <br />amounts PG&E approves for payment in accordance with the Agreement. The date of such issuance is the <br />“Issuance Date”. If the Check is issued to Customer, Customer shall be responsible for paying any outstanding fees <br />due to Contractor for the Work. If the Check is less than the amount due from Customer to Contractor, Customer <br />shall be responsible for the excess due to the Contractor. <br />7. Customer shall repay the Loan Balance to PG&E as provided in this Loan Agreement irrespective of whether or <br />when the Work is completed, or whether the Work is in any way defective or deficient, and whether or not the Work <br />delivers energy efficiency savings to Customer. <br />8. The monthly payments will be included by PG&E on the Account's regular energy service bills, or by separate bill, <br />in PG&E’s discretion. Regardless whether the monthly payments are included in the regular utility bill or a separate <br />loan installment bill, the following repayment terms will apply: <br />c. If the Customer is unable to make a full utility bill payment in a given month, payment arrangements may be <br />made at PG&E’s discretion. <br />d. Any partial bill payments received for a month will be applied in equal proportion to the energy charges and <br />the loan obligation for that month, and the Customer may be considered in default of both the energy bill and the <br />loan installment bill. <br />e. Further payment details are set forth below.
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