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~NaukriVCE ~N ~'~~ N-2009-050 ~"JO~;t v1n~' PROCEED UNTil. iiJSURANCE EXPIRES 3 -~6 -~ 0/d oArEK of couNCtt~ AGREEMENT ALLOWING INSTALLATION JUN - g quo ~: r%MsC~) ~F ENERGY SAVING TECHNOLOGY ON CITY PROPERTY Mario Glris:i THIS AGREEMENT ("Agreement") is made and entered into this 2na day of March, 2009 by and between EARTHTEK INTERNATIONAL ("EARTHTEK") and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (the "City"), with respect to the following: RECITALS A. EARTHTEK desires to demonstrate an energy saving technology by installing it at the Newhope Library Learning Center, located at 122 North Newhope Street, Santa Ana, CA 92703. B. The City desires to accommodate EARTHTEK's desire to demonstrate the technology, at no cost to the City, by granting a right of entry and license to EARTHTEK upon certain terms and conditions. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Right of Entry and License. a. Provided that all of the terms and conditions of this Agreement are fully satisfied, the City hereby grants to EAR TEK, its employees, agents and contractors the nonexclusive right to enter upon the property ocated at 122 North Newhope Street, in the City of Santa Ana, County of Orange, commonly own as the Newhope Library Learning Center ("the Property") and hereby grants to EARTHY K a license for the following: Purpose: Install EART TEK's Kilowatt Buster on the existing electrical wiring, to channel and direct the fl w of the electrical current, thereby reducing the amount of energy used to power th Property. The Kilowatt Buster wil be installed for three months (the "demonstration period"), during which the City w 1 receive the benefit of any energy savings, without charge or obligation. Installation ill be complete on June 15, 2009. City will be invited to th~ final wrap party, at which the energy saving results of the program are announced. r~ If City desires to purcha the Kilowatt Buster, or any other product manufactured by EARTHTEK, City shall e granted a 25% discount on such purchase for use at any City owned property. EARTHTEK shall utiliz a licensed electrician to install the Kilowatt Buster and to repair and restore the electrical system during the term of this License.