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DocuSlgn Envelope ID: 95B65A35-DCA7-4C94-906A-907FA50AOOE9 <br />11.6 NOTICE TO OREGON CUSTOMERS <br />(a) Oregon's Clean Fuel Program ("OCFP") was created with the purpose of <br />reducing greenhouse gas emissions In the transportation sector, <br />(b) The fueling of electric vehicles, and the operation of the ChargePoint Network, <br />contributes to reducing Oregon's greenhouse gas emissions and is eligible for OCFP credits, which are <br />issued by the Oregon Department of Environmental quality. By reporting the amount of electric vehicle <br />fueling, ChargePoint is able to help Oregon track the growing use of electric vehicles in the state, for which <br />ChargePoint will receive OCFP credits. <br />(c) An available OCFP credit may be claimed by certain owners and operators of <br />electric vehicle charging stations, including both Subscriber and CPI, However, the OCFP credits are only <br />available to one party. This means any available credits may be claimed by either Subscriber or CPI, but <br />not by both. CPI intends to claim available OCFP credits generated from use of the Charging Stations, but <br />will not claim any available OCFP credits that Subscriber intends to claim, <br />(d) Subscriber agrees that it will provide CPI with written notice of its Intent to claim <br />OCFP credits within ten (10) days of the date of the Effective Date, If Subscriber does not currently <br />Intend to claim the OCFP credits, but desires to do so at any time In the future, Subscriber may, by <br />providing written notice to CPI, elect to claim OCFP credits generated thirty (30) days or more after the <br />date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing <br />written notice, Subscriber will not claim any OCFP credits. All notices shall be provided by email to <br />CPI at Icfsnotification char a oint.com. <br />11.7 NOTICES. Otherthan the notices required in Sections 11.5 and 11.6, any notice required <br />or permitted by this Agreement shall be sent (a) If by CPI, via electronic mail to the address Indicated by <br />Subscriber in Subscriber's ChargePoint Services account; or (b) if by Subscriber, via electronic mail to <br />mssa @chargegoint.com. <br />11.8 INJUNCTIVE RELIEF. Subscriber acknowledges that damages for improper use of the <br />ChargePoint Services may be Irreparable; therefore, CPI is entitled to seek equitable relief, including but <br />not limited to preliminary injunction and injunction, in addition to all other remedies. <br />11.9 SEVERABILITY, Except as otherwise specifically provided herein, if anyterm or condition <br />of this Agreement or the application thereof to either Party will to any extent be determined jointly by <br />the Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the <br />remainder of this Agreement, or the application of such term or provision to this Agreement, the Parties <br />or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be <br />affected thereby. <br />11.10 ASSIGNMENT. Subscriber may not assign any of its rights or obligations hereunder, <br />whether by operation of law or otherwise, without the prior written consent of CPI (not to be <br />unreasonably withheld). In the event of any purported assignment in breach of this Section, CPI shall be <br />entitled, at Its sole discretion, to terminate this Agreement upon written notice given to Subscriber. <br />Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective <br />successors and permitted assigns. CPI may assign its rights and obligations under this Agreement. <br />11.11 NO AGENCY OR PARTNERSHIP, CPI, in the performance of this Agreement, is an <br />independent contractor. In performing its obligations under this Agreement, CPI shall maintain complete <br />control over its employees, its subcontractors and its operations. No partnership, joint venture or agency <br />relationship is intended by CPI and Subscriber to be created by this Agreement. Neither Party has any <br />Page 12 of 20 <br />