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be litigated in a court of competent jurisdiction. The prevailing party in any dispute arising out of this <br />Agreement shall be entitled to reasonable attorneys' fees and costs. <br />11.5 NOTICE TO CALIFORNIA CUSTOMERS. <br />(a) California's Low Carbon Fuel Standard ("LCFS") was enacted to ensure that the <br />mix of fuels sold by California oil refiners and distributers meets applicable greenhouse gas emissions <br />targets. California has a statewide goal to reduce carbon intensity of transportation fuels by at least 10% <br />by 2020. <br />(b) The ChargePoint Network can track the fueling of electric vehicles, which <br />positively contributes to reducing California's carbon intensity. If applicable reporting requirements are <br />Met, LCFS credits are issued by the California Air Resources Board. An available LCFS credit may be claimed <br />by certain owners and operators of electric vehicle charging stations, including both Subscriber and CPI. <br />However, the LCFS credits are only available to one party, meaning any available credits may be claimed <br />by either Subscriber or CPI, but not by both. CPI intends to claim available LCFS credits generated from <br />use of the Charging Stations, but will not claim any available LCFS credits that Subscriber intends to claim. <br />If Subscriber intends to claim the LCFS credits, it must engage in the reporting and other administrative <br />obligations necessary to generate such credits. <br />(c) Subscriber agrees that it will provide CPI with written notice of its intent to claim <br />LCFS credits within ten (10) days of the date of the Effective Date. If Subscriber does not currently intend <br />to claim the LCFS credits, but desires to do so at any time in the future, Subscriber, may, by providing <br />written notice to CPI, elect to claim LCFS credits generated thirty (30) days or more after the date of such <br />notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, <br />Subscriber will not claim any LCFS credits. All notices shall be provided by email to CPI at <br />lefsnotification(@chargepoint.com. <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¢epoint.com. <br />Page 11 of 18 <br />75A-67 <br />