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25F - ELECTRIC VEHICLE CHARGING STATION UPGRADES
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03/19/2012
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25F - ELECTRIC VEHICLE CHARGING STATION UPGRADES
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Last modified
3/19/2012 12:59:38 PM
Creation date
3/15/2012 5:13:52 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25F
Date
3/19/2012
Destruction Year
2017
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in which they are located, shall be kept clean and in good repair. Site Owner agrees to maintain <br />appropriate signage that clearly and prominently identifies and, where appropriate, provides <br />directions to the Charge Stations so that they may be easily located by drivers of electric vehicles. <br />Site Owner shall promptly call CCI Program Partners, in order to arrange for the repair of any non- <br />functioning Charge Stations. <br />8. Representations and Warranties. Site Owner represents and warrants to CCI and CCI Program <br />Partners that: <br />(i) Authority -- Site Owner has the power and authority to enter into and be bound by this <br />Agreement and to authorize the replacement or installation of the Charge Stations and any <br />other electric vehicle charge products or services at the location(s) (the "Locations") set forth in <br />Exhibit "A"; <br />(ii) No Violation With Existing Site Owner Electrical Supply or Other Agreements -- Site Owner <br />assumes all responsibility that the electrical usage of the Charge Stations will not violate or <br />otherwise conflict with the terms and conditions of any applicable electrical purchase or other <br />agreement including, without limitation, any lease, to which Site Owner is a party; <br />(iii) Installation of Charge Stations Will Not Violate Any Other Agreements or Laws -- Site Owner <br />will not install or attach, or allow to be installed or attached, Charge Stations on or to <br />infrastructure not owned by Site Owner without proper authority or consent, and will otherwise <br />observe all applicable governmental or other restrictions (whether by agreement or otherwise) <br />applicable to the Locations; and <br />(iv) Compliance Laws -- Site Owner will comply with all applicable laws. <br />9. Further Representations and Warranties for Tenants. If the Charge Stations are to be installed at <br />one or more locations at which Site Owner is a tenant rather than the owner thereof, Site Owner <br />represents and warrants to CC] that Site Owner has received all consents from its landlord(s) that <br />are necessary for the installation of the Charge Stations in a manner that does not violate its lease. <br />Site Owner shall promptly reimburse CCI for any costs incurred by It, any of its Authorized <br />Distributors or Certified Network Contractors, including, without limitation, reasonable attorneys <br />fees, as a result of the installation of Charge Stations in violation of this section. <br />10. Publicity. Site Owner agrees to permit CCI and CCI Program Partners to use its name, in a manner <br />reasonably approved by Site Owner, for purposes of publicizing the Program. For these purposes CCI <br />and CCI Partners will inform Site Owner, in writing, at least ten (10) days, or less (if mutually agreed <br />by Site Owner and CCI and CCI Partners), prior to using Site Owners name or its intent to do so, and <br />will provide Site Owner with copies of any press releases, advertisements or other promotional <br />materials in which Site Owner's name is to be used for review and approval. Site Owner's consent to <br />such use will be presumed if Site Owner does not object within five (5) business days of actual <br />receipt of notice from CCI and CCI Partners under this section. <br />11. Access <br />(1) Charging Site Location. CCI and CCI Program Partners are hereby granted access to the Site <br />Location, sufficient notice, to perform the site evaluation and subsequent upgrade of the EVSE <br />units at the Site Location. <br />(ii) Electrical Panel. Charging Site is aware and agrees that the upgrade project will require CCI <br />and CCI Program Partners to have access to the electrical panel supporting the EVSE(s) and <br />hereby agrees to make someone available to allow such access to the electrical panel as <br />required access and authorization. <br />25F-4
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