Waiver No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law. Assurances The Commission reserves the right to seek further written assurances from the Recipient and its team that the work under this Agreement will be performed in accordance with the terms of the Agreement. Change in Business The Recipient will promptly notify the Energy Commission of the occurrence of any of the following: A change of address. A change in business name or ownership. The existence of any litigation or other legal proceeding affecting the project or Agreement. The occurrence of any casualty or other loss to project personnel, equipment, or third parties. Receipt of notice of any claim or potential claim against the Recipient for patent, copyright, trademark, service mark, and/or trade secret infringement that could affect the Energy rights. Commission’s The Recipient must provide the Commission Agreement Manager with written notice of a planned change or reorganization of the type of business entity under which it does business. A change of business entity or name change requires an amendment assigning or novating the Agreement to the changed entity. If the Energy Commission does not seek to amend this Agreement or enter into a new agreement with the changed or new entity for any reason (including that the Commission is not satisfied that the new entity can perform in the same manner as the Recipient), it may terminate this Agreement as provided in the section. “Termination” Access to Sites and Records Energy Commission and California Public Utilities Commission staff and representatives will have reasonable access to all project sites and to all records related to this Agreement. Prior Dealings, Custom, or Trade Usage These terms and conditions may not be modified or supplemented by prior dealings, custom, or trade usage. Survival of Terms Certain provisions will survive the completion or termination date of this Agreement for any reason. The provisions include but are not limited to: Legal Statements on Products (included in Section 5, “Products”)
Waiver No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law. Assurances The Commission reserves the right to seek further written assurances from the Recipient and its team that the work under this Agreement will be performed in accordance with the terms of the Agreement. Change in Business The Recipient will promptly notify the Energy Commission of the occurrence of any of the following: A change of address. A change in business name or ownership. The existence of any litigation or other legal proceeding affecting the project or Agreement. The occurrence of any casualty or other loss to project personnel, equipment, or third parties. Receipt of notice of any claim or potential claim against the Recipient for patent, copyright, trademark, service mark, and/or trade secret infringement that could affect the Energy Commission’s rights. The Recipient must provide the Commission Agreement Manager with written notice of a planned change or reorganization of the type of business entity under which it does business. A change of business entity or name change requires an amendment assigning or novating the Agreement to the changed entity. If the Energy Commission does not seek to amend this Agreement or enter into a new agreement with the changed or new entity for any reason (including that the Commission is not satisfied that the new entity can perform in the same manner as the Recipient), it may terminate this Agreement as provided in the “Termination” section. Access to Sites and Records Energy Commission and California Public Utilities Commission staff and representatives will have reasonable access to all project sites and to all records related to this Agreement. Prior Dealings, Custom, or Trade Usage These terms and conditions may not be modified or supplemented by prior dealings, custom, or trade usage. Survival of Terms Certain provisions will survive the completion or termination date of this Agreement for any reason. The provisions include but are not limited to: Legal Statements on Products (included in Section 5, “Products”)
PON-14-306_EPIC_Standard_Grant_Terms_and_Conditions.docx