Commercial Refrigeration & Kitchen Technical Sheet

Commercial Refrigeration & Kitchen Technical Sheet Existing Buildings Program The Delmarva Power Energy Savings for Business Program offers incentives to install energy efficient commercial refrigeration and kitchen measures. To take advantage of these incentives, you must meet the following eligibility requirements: 1. Be a Delmarva Power customer and business in the Maryland territory with an electrical demand greater than 60kW. 2. Have an existing facility, as new construction is not eligible for this program. 3. Not be a temporary account or a vacant facility. These may be eligible for New Construction/Major Renovation incentives. Multifamily properties are eligible for commercial refrigeration and kitchen incentives through the Existing Buildings Program. All projects require pre-approval. You can also contact your installation contractor or equipment vendor to discuss energy efficiency equipment options. If you do not have a contractor or vendor in mind, please visit our website for a list of Service Providers. All projects MUST receive pre-approval before purchasing equipment or beginning work. Please review the program process and eligibility requirements on the program website as well as the Terms and Conditions in this Technical Sheet. Please contact the program office with any questions. How to Apply: 1. The customer completes and submits the application via the online Application Center. The Application Center Equipment Guide below illustrates how to enter equipment into the online application. Pre-approval is required before proceeding. The following supporting information must be included with the application: Completed and signed Terms and Conditions (T&Cs) Manufacturer specification sheets Current ENERGY STAR or CEE website product qualification screenshots for products (PDF) 2. The Program reviews submitted documentation, revises and/or requests additional documentation as necessary. A site inspection may be required as part of the pre-approval process. 3. The Program emails the project pre-approval to the customer and Service Provider. 4. A copy of the customer-signed invoice, indicating total project cost, incentive amount, balance of cost to be paid by customer, and acknowledgement of project completion must be uploaded to the online Application Center upon project completion by the pre-approval deadline. The invoice should match the application information. 5. If the scope of work has changed, then the program office must be notified as soon as possible. If your project increases the incentive amount by more than $2,500 or 10% of the reserved amount whichever is greater a separate application must be submitted for the variance prior to installation and will need to go through the application pre-approval process. 6. The Program may require a post-installation inspection to verify compliance with program rules, accuracy of project documentation, and equipment operation. 7. The Program distributes the incentive check to the payee following final approval processing. REFRIGERATION ELIGIBILITY REQUIREMENTS Anti-Sweat Heat Controls Must install a device that senses the relative humidity in the air outside of the display case and reduces or turns off the glass door (if applicable) and frame anti-sweat heaters at low humidity conditions. Equivalent technologies that can reduce or turn off anti-sweat heater based on the amount of condensation formed on the inner glass pane may also qualify. Incentive not available for equipment in new walk-in freezers or coolers. Reach-In Door Closers The auto-closer device should be applied to the glass reach-in door of a walk-in cooler (40 F) or freezer a (0 F). The reach-in door must have minimum perimeter of 16 feet. The auto-closer must be able to firmly close the door. Incentive not available for equipment in new walk-in freezers or coolers. Strip Curtains for Walk-In Coolers and Freezers Must install new strip curtains or clear plastic swinging doors on doorways of walk-in boxes and refrigerated warehouses. This incentive is not available for display cases or replacing existing strip curtains. Incentive is based on square footage of doorway. ECM Evaporator Fan Motor This measure is applicable to the replacement of an existing standard efficiency shaded-pole evaporator (S-P) or permanent split capacitor (PSC) fan motor in refrigerated walk-in or reach-in boxes (coolers or freezers). The replacement unit must be an Electronically Commutated Motor (ECM). An ECM is a brushless DC motor with an electronically controlled commutator that allows the motor to operate much more efficiently than the shaded-pole motors with an electro-mechanical commutator typically used in refrigeration applications. This measure cannot be used in conjunction with the Evaporator Fan Controller measure. Incentive not available for equipment in new walk-in freezers or coolers. Evaporator Fan Controller on Existing Shaded-Pole Motor Must reduce airflow of evaporator fans in medium-temperature walk-in coolers when compressor(s) cycle off and there is no refrigerant flow through the evaporator. Must control a minimum fan load of 1/20 horsepower where the fan(s) operate continuously at full speed. Must reduce fan motor power by at least 75% during the compressor off-cycle. Do not use if any of the following conditions apply: 1. The compressor runs all the time with high-duty cycle; 2. The evaporator fan does not run at full speed all the time; 3. The evaporator fan motor runs on poly-phase power; 4. The evaporator fan motor is not shaded-pole; or 5. The evaporator does not use off-cycle or time-off defrost. Page 1

Incentive not available for equipment in new walk-in freezers or coolers. REFRIGERATION ELIGIBILITY REQUIREMENTS (CONTINUED) Refrigeration Display Case Doors on Open Display Case Open cases spill cold air requiring added refrigeration energy and ambient reheat energy. Adding doors reduces defrost cycles & raise evaporator temperature set-point. Night Covers for Refrigerated Cases Energy savings are based upon reduced compressor load that results from the decreased mixing of the refrigerated display case air and the air outside the case. Demand savings are not recognized for this measure as the reduced load only occurs during off peak hours. Anti-Fog Film 0.1 mm thick polyethylene terephthalate (PET) hydrophobic sheet with adhesive (R-value 0.00235). Saves energy through eliminating need for door heaters and frame heaters. Evaporator Fan Control Energy savings are achieved by reducing the speed of the evaporator fans on refrigerator and freezer cases by at least 75% for ECM & 100% for non-ecm when compressor not running. Assumptions made in calculations. 1. ECM average connected load is 44W 2. Walk-in cases are assumed to contain 2 ECM motors 3. Walk-in cases with reach-in glass doors are assumed to contain 6 ECM motors 4. Assumed compressor duty cycle is 40% for winter & 50% for non-winter ELIGIBLE REFRIGERATION MEASURES *Incentives are not eligible for new stand-alone cases Eligible Measures Size Criteria Efficiency Rating Incentive Unit Anti-Sweat Heat Control for Cooler Doors Anti-Sweat Heat Control for Freezer Doors N/A $40 Door N/A $40 Door Reach-In Door Closer for Cooler N/A $40 Door Reach-In Door Closer for Freezer N/A $50 Door Strip Curtains for Walk-In Coolers N/A $3 SF Strip Curtains for Walk-In Freezers N/A $3 SF ECM Evaporative Fan Motor for Walk- In Cooler ECM Evaporative Fan Motor for Walk- In Freezer ECM Evaporative Fan Motor for Display Cooler ECM Evaporative Fan Motor for Display Freezer Evaporator Fan Controller on Existing Motor - Cooler Refrigeration Display Case Doors on Open Display Case with Anti-Sweat Heaters Refrigeration Display Case Doors on Open Display Case without Heaters (No Sweat Doors) N/A $75 Motor N/A $25 Case (LF) N/A $50 Case (LF) Night Covers for Refrigerated Cases N/A $500 Case Anti-Fog Film N/A $8 SF Evaporator Fan Control N/A $1,000 Cooler KITCHEN ELIGIBILITY REQUIREMENTS Commercial Refrigerators/Freezers The refrigeration system shall be built-in (packaged). Cases with remote refrigeration systems do not qualify. Customers must provide proof that the appliance meets the CEE energy efficiency specifications using ANSI/ASHRAE Standard 72-2005 (commercial food grade refrigerator 38 F +/- 2 F, commercial food grade freezer 0 F +/- 2 F). Ice Machines This specification covers machines generating 60 grams (2 oz.) or lighter ice cubes, as well as flaked, nugget, crushed and fragmented ice makers. Performance data is based on ARI Standard 810. Only air-cooled machines (self-contained, ice making heads or remote condensing) are eligible. The efficiency specifications for the two qualifying tiers are equivalent to CEE Tier I (ENERGY STAR) or CEE Tier II. To qualify, the entire ARI-tested ice making system must be purchased. Remote machines must be purchased with a qualifying remote condenser or remote condenser/compressor unit. Page 2

Electric Fat Fryers The commercial fryer must have a tested heavy load (French fry for large vats) cooking energy efficiency of greater than 80% utilizing American Society for Testing and Materials (ASTM) Standard F1361 for commercial fryers and ASTM Standard F2144 for large vat fryers. Multiple vat configurations are paid per qualifying vat. ENERGY STAR maintains a list of qualifying products and specifications at http://www.energystar.gov/. To determine if non-energy STAR models meet the ASTM standard, contact your manufacturer s representative. Electric Steam Cookers The commercial steam cooker must meet ENERGY STAR specifications for energy efficiency. Electric Insulated Holding Cabinets Insulated holding cabinets must meet or exceed CEE Tier 2 specifications and not exceed 20 watts per cubic foot idle energy use. Cook and hold food cabinets are eligible through the Custom program. Electric Griddles The griddle must meet or exceed heavy load cooking energy efficiency of greater than 70% utilizing ASTM Standard F1275. Electric Convection Ovens The oven must meet or exceed heavy load potato cooking energy efficiency of greater than 70% utilizing ASTM Standard F1496. Electric Combination Ovens The oven must meet or exceed heavy load potato cooking energy efficiency of greater than 60% utilizing ASTM Standard F1639. Spray Rinse Valves Must meet or exceed the EPA s specification set for the maximum flow rate for WaterSense labeled pre rinse spray valves of 1.28 gpm. Commercial Dishwashers Qualifying products must be listed on ENERGY STAR qualifying product list, http://www.energystar.gov/, or meet ENERGY STAR idle energy rate and water consumption limits, as determined by both machine type and sanitation approach (chemical/low temp versus high temp). Water Coolers Qualifying products must be listed on ENERGY STAR qualifying product list, http://www.energystar.gov/, or meet or exceed ENERGY STAR s standards relating to daily maximum energy consumption for each unit type. * Asterisked measures must replace existing units. ELIGIBLE KITCHEN MEASURES *Incentives are not eligible for new stand-alone cases Eligible Measures Size Criteria Efficiency Rating Incentive Unit Residential Refrigerator CEE Tier 2 (Used in Commercial Setting) * Residential Refrigerator CEE Tier 3 (Used in Commercial Setting) * Glass Door Reach-In Freezers * Glass Door Reach-In Freezers * Glass Door Reach-In Freezers * 7.75 cubic feet (CEE CEE Tier 2 $100 Unit 7.75 cubic feet (CEE CEE Tier 3 $150 Unit Energy Star $75 Unit Energy Star $150 Unit Energy Star $225 Unit Energy Star $200 Unit Energy Star $320 Unit Energy Star $500 Unit Energy Star $75 Unit Energy Star $125 Unit Energy Star $150 Unit Energy Star $200 Unit Energy Star $250 Unit Page 3

Glass Door Reach-In Freezers * Energy Star $300 Unit Ice Machine * <450 lbs/day CEE Tier 1 $50 Unit Ice Machine * 450-1,000 lbs/day CEE Tier 1 $100 Unit Ice Machine * >1,000 lbs/day CEE Tier 1 $150 Unit Ice Machine - Cube & Nugget * <450 lbs/day CEE Tier 2 $75 Unit Ice Machine - Cube & Nugget * 450-1,000 lbs/day CEE Tier 2 $125 Unit Ice Machine - Cube & Nugget * >1,000 lbs/day CEE Tier 2 $150 Unit Ice Machine - Flake * <450 lbs/day CEE Tier 2 $100 Unit Ice Machine - Flake * 450-1,000 lbs/day CEE Tier 2 $175 Unit Ice Machine - Flake * >1,000 lbs/day CEE Tier 2 $250 Unit Fat Fryer * Standard Size Energy Star $200 Unit Fat Fryer * Large Vat Energy Star $200 Unit Steam Cookers * N/A Energy Star $750 Unit Hot Food Holding Cabinet * Full-size cabinet Energy Star $300 Unit Hot Food Holding Cabinet * Three-Quarter size cabinet Energy Star $250 Unit Hot Food Holding Cabinet * Half-size cabinet Energy Star $200 Unit ELIGIBLE KITCHEN MEASURES (CONTINUED) Eligible Measures Size Criteria Efficiency Rating Incentive Unit Griddles * N/A Energy Star $250 Unit Convection Ovens * N/A Energy Star $350 Unit Combination Ovens * N/A Energy Star $1,000 Unit Low Flow Pre-Rinse Valve for Automatic Dishwasher Temperature Under Counter * Temperature Door Type * Temperature Single Tank Conveyor * Temperature Multi Tank Conveyor * Temperature Pot, Pan and Utensil Temperature Under Counter * Temperature Door Type * Temperature Single Tank Conveyor * Temperature Multi Tank Conveyor * N/A WaterSense $75 Unit N/A Energy Star $250 Unit N/A Energy Star $450 Unit N/A Energy Star $600 Unit N/A Energy Star $1,000 Unit N/A Energy Star $250 Unit N/A Energy Star $50 Unit N/A Energy Star $300 Unit N/A Energy Star $300 Unit N/A Energy Star $500 Unit Water Cooler* N/A APPLICATION CENTER EQUIPMENT GUIDE Product Type Category Product Refrigeration Prescriptive Refrigeration Anti-Sweat Controls Page 4

Refrigeration Prescriptive Refrigeration ECM Evaporative Fan Motor Refrigeration Prescriptive Refrigeration Glass Door Reach-In Freezers and Refrigerators Refrigeration Prescriptive Refrigeration Solid Door Reach-In Freezers and Refrigerators Refrigeration Prescriptive Refrigeration Reach-In Door Closers Refrigeration Prescriptive Refrigeration Residential Refrigerator CEE Tier 2 Refrigeration Prescriptive Refrigeration Residential Refrigerator CEE Tier 3 Refrigeration Prescriptive Refrigeration Strip Curtains Refrigeration Prescriptive Refrigeration Evaporator Fan Control Refrigeration Commercial Appliances Commercial Dishwasher Refrigeration Commercial Appliances Low Flow Pre-Rinse Valve for Automatic Dishwasher Refrigeration Commercial Appliances Water Coolers Refrigeration Food Service Combination Ovens Refrigeration Food Service Convection Ovens Refrigeration Food Service Fat Fryer Refrigeration Food Service Griddles Refrigeration Food Service Hot Food Holding Cabinets Refrigeration Food Service Ice Machines Refrigeration Food Service Steam Cookers Refrigeration Equipment Refrigeration Equipment Refrigeration Display Case Doors On Open Display Case Refrigeration Equipment Refrigeration Equipment Night Covers For Refrigerated Cases Refrigeration Equipment Refrigeration Equipment Anti-Fog Film TERMS AND CONDITIONS 1. PROGRAM OFFER: This application covers all Existing Buildings Program standard and alternative projects that qualify for incentives. Each project requires preapproval prior to the purchase of products or installation. The project must be installed and post-installation documentation received within six (6) months of the preapproval date. Delmarva Power may cancel this application without liability if customer has (1) not installed the approved project, and has (2) not applied to Delmarva Power for a project extension 30 days prior to pre-approval expiration date. NOTE FOR ALL PROJECTS: Customer must provide required post-installation documentation as described elsewhere in these Terms and Conditions. Customers who fail to provide timely notification for an extension request and/or fail to provide required documentation may be denied incentive payment. 2. ELIGIBILITY: Incentives are available to Delmarva Power commercial, industrial, governmental, and institutional electric customers for the purchase and installation of Qualifying Energy Efficiency Measures (EEMs) (as defined in Paragraph 3, below) in the Delmarva Power Maryland service territory, subject to these Terms and Conditions. Vacant/empty/non-operating facilities are not eligible for incentives. NOTE: The approved Service Provider is required to install all EEMs. Accounts with a demand of 60 kw or less over the previous 12 months qualify for the Small Business Program with the exception of: temporary accounts; telecommunications accounts; vacant/empty/non-operations facilities; garages, parking lots, and signage that are not supported by a single eligible small business account. Re-upgrades, defined as the installation of new EEMs replacing EEMs installed and incentivized during the 36 month period following the original project, will be subject to a reduction in incentive based on the length of time remaining in the original 36 month project period. 3. Qualifying EEMs: Energy Efficiency Measures (EEMs) identified in official program materials approved by Delmarva Power. Technologies that purport to save energy through reduction of voltage or power conditioning are not eligible. EEMs that displace/replace electrical energy use with another fuel (fuel switching) are not eligible. Unless explicitly pre-approved, EEMs must be new and covered by warranties. 4. OWNERSHIP OF CAPACITY AND/OR ENERGY/ENVIRONMENTAL SAVINGS CREDITS: a) EEMs purchased and installed in part through incentives provided by this program are the property of the Customer, subject to any limitations contained within these Terms and Conditions. b) Notwithstanding the above, Delmarva Power holds sole rights to any electric system capacity credits and energy or environmental credits that may be associated with EEMs for which incentives were received, and Delmarva Power can dispose of these credits in any manner authorized by applicable law or regulation. c) In no event will activity associated with any energy or environmental credits noted in Section 4(b) result in interference with the Customer s ability to operate EEMs as approved in the Program incentive award. 5. PROJECT APPROVAL: a) Pre-approval from Delmarva Power is required for all projects. b) Delmarva Power reserves the right to pre-inspect any project. c) Delmarva Power reserves the right to approve or disapprove any proposed EEMs in its sole reasonable discretion. d) No Project-related equipment may be ordered or installed prior to the date of Delmarva Power s Pre-Approval. Page 5

6. PROJECT VERIFICATION: Delmarva Power is not obligated to pay any pre-approved incentive awards until it has performed a satisfactory post-installation verification. If Delmarva Power determines that EEMs were not installed in a manner consistent with the approved application, or if unapproved EEMs were installed, or if the installation was not consistent with generally accepted engineering practices, changes may be required before payment is issued. Delmarva Power will not make payment until it has verified that the Customer has received, as appropriate, final drawings, operation and maintenance manuals, and operator training, and is substantially satisfied with the installation of eligible equipment. 7. INDEPENDENT TESTING: Delmarva Power reserves the right to deny incentives for any EEMs or equipment that have not been favorably assessed or approved by recognized, independent authorities, such as the Underwriter s Laboratory (UL), Intertek ETL, or Air Conditioning, Heating, and Refrigeration Institute (AHRI). 8. INCENTIVE AMOUNTS: All incentive payments will also be subject to the following limitations: a) Each Delmarva Power electric account is limited to $1,000,000 in incentives per program year (including all incentive applications received in the program year) b) Delmarva Power reserves the right to deny any incentive application that may result in Delmarva Power exceeding its program budget. Cash incentives under the programs are offered on a first-come, first-served basis and are subject to project and Customer eligibility and availability of funds. In addition, Alternative Equipment incentive payments will be based on an analysis of the proposed measure and savings, as estimated by the customer and verified by Delmarva Power, and Individual EEM incentive payments for Alternative Equipment will not exceed 50% of EEM total installed cost. 9. EEM COSTS: The Customer must provide copies of all invoices or other reasonable documentation that verify the costs of purchasing and installing the EEMs, including all materials, labor, and equipment discounts. Invoices must indicate a verifiable breakout of all EEMs purchased for installation under this Application. 10. SCHEDULE FOR INCENTIVE PAYMENTS: a) Delmarva Power expects to pay all incentives within 8 weeks after project completion. Project completion requires: (1) submission to Delmarva Power of all documentation; (2) completed installation of the approved EEMs; and (3) Delmarva Power verification and acceptance of (1) and (2) above, all in accordance with the specifications outlined elsewhere in these Terms and Conditions. b) Delmarva Power reserves the right to perform a post-installation inspection of equipment for which an incentive has been applied for, as part of its verification process. c) Delmarva Power reserves the right to apply cash incentives to any of the Customer s unpaid or overdue accounts, whether in DC or Maryland. 11. MONITORING AND EVALUATION FOLLOW UP VISITS: Delmarva Power reserves the right to make follow up visits to Customer s facility during the 36 months following the actual completion date of the project at a time convenient to the Customer, and with at least one-week advance notice. The purpose of the visit(s) is to review the operation of the EEMs for program evaluation purposes, including monitoring their energy performance. The scope of review is limited to determining whether program conditions have been met. The Customer must allow access to the EEMs and related project documentation. Delmarva Power has the right to a refund for incentives paid if, at any time, it learns that the EEMs were not actually and properly installed or were subsequently disconnected within 36 months after installation. 12. CHANGES-TO / CANCELLATION OF THE PROGRAM: a) Delmarva Power may change the program requirements, incentives, or Terms & Conditions at any time without notice, including suspending acceptance of applications or terminating the program. b) In the event of program change, pre-approved applications will be processed to completion under the Terms & Conditions in effect at the time of pre-approval by Delmarva Power. c) Submission of a completed application does not entitle the Customer to program participation. 13. PUBLICITY OF CUSTOMER PARTICIPATION: Delmarva Power reserves the right to publicize a Customer s participation in the program, including information such as: projected project energy savings, the incentive amount, and other information that does not compromise reasonable Customer expectations of confidentiality of proprietary or competitive information. In such instances, Delmarva Power will obtain Customer permission to make such information public. 14. LIMITATION OF LIABILITY AND INDEMNIFICATION: a) Delmarva Power, its officers, directors, employees, affiliates, contractors and agents shall not be liable to the Customer for any direct, special, indirect, consequential or incidental damages or for any damages in tort (including negligence) caused by any activities associated with this program and Customer s participation therein. By participating in this Delmarva Power program, Customer agrees to waive any and all claims, whether arising in contract or tort and to fully release Delmarva Power, its officers, directors, employees, affiliates, contractors and agents from any and all damages, of any kind. b) The Customer shall protect, indemnify, and hold harmless Delmarva Power, its officers, directors, employees, affiliates, contractors and agents from and against all liabilities, losses, claims, damages, judgments, penalties, causes of action, costs and expenses (including, without limitation, attorney s fees and expenses) incurred by or assessed against Delmarva Power or its agents arising out of or relating to the performance of this Application, whether arising in contract or tort. Page 6

TERMS AND CONDITIONS (CONTINUED) 15. NO WARRANTIES: a) NEITHER DELMARVA POWER, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS NOR AGENTS ENDORSE, GUARANTEE, OR WARRANT ANY PARTICULAR MANUFACTURER, PRODUCT, CONTRACTOR, SERVICE PROVIDER OR VENDOR, NOR DO ANY OF THE FOREGOING PROVIDE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PRODUCT OR SERVICE. DELMARVA POWER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS AND AGENTS ARE NOT LIABLE OR RESPONSIBLE FOR ANY ACT OR OMMISSION OF ANY CONTRACTOR HIRED BY THE CUSTOMER (IF ANY) WHETHER OR NOT SAID CONTRACTOR IS A PARTICIPATING DELMARVA POWER SERVICE PROVIDER. THE CUSTOMER S RELIANCE ON WARRANTIES IS LIMITED TO ANY WARRANTIES THAT MAY BE PROVIDED BY ITS CONTRACTOR, VENDOR, MANUFACTURER, ETC. b) NEITHER DELMARVA POWER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS OR AGENTS ARE RESPONSIBLE FOR ASSURING THAT THE DESIGN, ENGINEERING AND CONSTRUCTION OF THE FACILITY OR INSTALLATION OF THE EEMS IS PROPER OR COMPLIES WITH ANY PARTICULAR LAWS, REGULATIONS, CODES, OR INDUSTRY STANDARDS. NEITHER DELMARVA POWER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR AGENTS MAKE, AND ARE NOT AUTHORIZED TO MAKE, ANY REPRESENTATIONS OF ANY KIND REGARDING THE RESULTS TO BE ACHIEVED BY THE EEMS OR THE ADEQUACY OR SAFETY OF SUCH MEASURES. 16. CUSTOMER TAX OBLIGATION: The Customer is responsible for declaring and paying any and all applicable federal, state, and local taxes that may be owed on any Program incentive payment. 17. VENDOR SELECTION: The Customer may select any vendor or contractor to perform the work contemplated by this Application, whether a Delmarva Power Service Provider or not. However, Delmarva Power reserves the right, in its sole reasonable discretion, to prohibit specific vendors or contractors from program participation. The Customer may request cost estimates from multiple approved Service Providers for energy efficiency upgrades. It is the Customer s sole responsibility to ensure that the Service Provider complies with all laws and maintains all appropriate licenses, registrations, and certifications prior to entering into any agreement for the work being performed. The Customer acknowledges that the Company is providing pre-approval for this specific application which confirms the equipment and fixtures are eligible for incentives and to verify savings. The Customer agrees that the contract to complete the installation is between the Customer and the Service Provider. 18. The Customer agrees, as a condition of participation in the program, to allow the Contractor/Service Provider to remove and dispose of the equipment being replaced by the EEMs in accordance with all applicable laws, regulations and codes. The equipment cannot be reinstalled anywhere in the State of Maryland, or transferred to any other party for such installation. Customer is responsible for ensuring all applicable permits and licenses are obtained to effect the removal and installation of equipment. 19. MISCELLANEOUS: a) The agreement between the Customer and Delmarva Power is composed of all applicable program forms, supporting documentation, and these Terms and Conditions. b) The Customer acknowledges that the only individuals authorized to bind Delmarva Power under the Delmarva Power program are Delmarva Power staff and authorized agents of Delmarva Power. c) If any provision of the Terms and Conditions is deemed invalid by any court or administrative body having jurisdiction, such ruling shall not invalidate any other provision, and the remaining Terms and Conditions shall remain in full force and effect in accordance with their terms. d) Resolution of disputes concerning these Terms and Conditions, or any other requirement of this Application or condition of incentive award, shall be governed in all respects by the laws of the jurisdiction in which the customer is located. e) In the event of a dispute between the parties which cannot be informally resolved, the following procedure shall apply. (1) NOTICE OF DISPUTE. A party shall deliver a written notice ( Dispute Notice ) to the other describing the nature and substance of any Dispute and proposing a resolution of the Dispute. (2) MANAGEMENT NEGOTIATION. During the first thirty (30) days following the delivery of the Dispute Notice (and during any extension agreed to by the Parties, the Negotiation Period ) an authorized manager of Customer (the Customer s Manager ) and an authorized manager of Delmarva Power ( Delmarva Power s Manager ) shall attempt in good faith to resolve the Dispute through negotiations. If such negotiations result in an agreement in principle among such negotiators to settle the Dispute, they shall cause a written settlement agreement to be prepared, signed and dated (a Management Settlement ), whereupon the Dispute shall be deemed settled, and not subject to further dispute resolution. (3) ALTERNATIVE DISPUTE RESOLUTION. (i) Customer and Delmarva Power (1) acknowledge that it is in their best interests to resolve any dispute, claim or controversy arising out of or relating to this engagement letter (any such dispute, claim or controversy, a Dispute ), in accordance with the dispute resolution procedures set forth herein and (2) agree to use their best efforts so to resolve any such Dispute. Without limitation, such efforts shall include mandatory submission of a Dispute to non-binding mediation. Should such Dispute not be resolved within 90 days after the issuance by one of the parties of a written Request for Mediation (or such longer period as the parties may agree), Delmarva Power and Customer may seek other legal recourse. (ii) Notwithstanding the above, either party may seek injunctive relief to enforce its rights with respect to the use or protection of (1) its confidential or proprietary information or material or (2) its names, trademarks, service marks or logos, in a court of competent jurisdiction in which the customer is located. The parties consent to the personal jurisdiction thereof and to sole venue therein only for such purposes. f) DELMARVA POWER AND CUSTOMER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT EITHER SUCH PARTY MAY HAVE TO A TRIAL BY JURY OR TO INITIATE OR BECOME A PARTY TO ANY CLASS ACTION CLAIMS IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS APPLICATION OR THE TRANSACTIONS CONTEMPLATED BY THIS APPLICATION. Delmarva Power Energy Savings for Business Program Contact: 1-866-353-5799 delmarvabusiness@icf.com EmPOWER Maryland programs are funded by a charge on your electric bill. EmPOWER programs can help you reduce your electricity consumption and save you money. Go to delmarva.com/saveenergy to learn more about EmPOWER and how you can participate. Delmarva Power, 2018 Page 7