Oak Park Energy Navigator Terms & Conditions 1. Authority. The person completing this OPEN Participant Application & Enrollment Form represents that they are the legal owner of the Property, the duly authorized agent of a corporation that is the legal owner of the Property, are duly authorized to represent the Property owner and has the authority to fully bind the Property owner to these Terms and Conditions, or are a legally authorized tenant of the Property holding a current lease or rental agreement with the Property owner.
2. Purpose; Program Eligibility. The purpose of the Oak Park Energy Navigator (referred to interchangeably herein as the Program or OPEN) is to fund and provide expert energy assessments, a personalized Home Energy Roadmap, and one-on-one guidance to eligible Participants, which will help tenants, multi-family building owners, and homeowners in the Village of Oak Park pursue future measures to save energy, manage utility bills, and make homes more comfortable. Subject to these Terms and Conditions, Elevate agrees to perform the work associated with preparing these energy assessments in exchange for Participant’s compliance with these Terms and Conditions. Time is of the essence in the performance of Participant’s obligations herein.
3. Costs; Payments. There is no cost to the Participant for the assessment. Elevate will directly perform the assessment.
4. Participant Obligations. All Participants, whether an owner or a tenant of the Property, hereby agree to:
a. Cooperate with Elevate to schedule the assessment.
b. Grant to Elevate and any of its employees, agents, and representatives the right to enter the Property at mutually agreed upon times for the purposes of performing their respective obligations.
i. If the Participant is the Property’s owner and any part of the Property is a rental unit, then, subject to applicable law, the owner shall obtain the permission of any tenant or occupant of such rental unit and provide access to such rental unit within forty-eight (48) hours of a request with respect to the common areas of the Property and within seventy-two (72) hours of a request for access to the portion of any rental unit occupied by a tenant.
c. Promptly respond to any reasonable request by Elevate, including, but not limited to, requests for information and/or access requests and requests related to the preparation of the Property for the assessment (e.g., closing windows, cleaning up or moving items that may pose an obstruction, etc.).
d. Not interfere with the personnel performing the assessments or Elevate’s administration of the Program.
e. Grant to Elevate and the Village a perpetual, non-exclusive, universal, fully paid-up license to use any information Elevate obtains about the Property for Elevate’s or the Village’s purposes, including, but not limited to, creating a written and/or videographic case study. Such information may include, but is not limited to, a description of the Property, photographs showing the condition of the Property, and details about the assessment of the Property, opportunities for energy savings, lessons learned, and recommendations for future programs and/or projects. This license shall be subject to all applicable laws regarding individuals’ privacy and intellectual property rights.
f. If the Participant is the electric or gas utility account holder for all units being assessed and has access to such information, provide copies to Elevate of up to twelve (12) months of electric and gas utility statements and/or usage data for the period prior to completion of the assessment. Participant also agrees to provide Elevate with direct access to utility data held by the utility service provider if requested by Elevate.
g. If the Participant is not the electric or gas utility account holder for any units being assessed, use best efforts to obtain the approval of the tenant(s) or occupant(s) holding the electric or gas utility account for Elevate to obtain or access such data.
h. To the extent allowed by law, indemnify, defend and hold harmless Elevate, the Village, and the officers, directors, employees, officials and agents of the foregoing (each an “Indemnified Party”) from and against any claims, damages, liabilities, losses, costs and expenses, including reasonable attorneys’ fees and costs of investigation, that any Indemnified Party may incur, directly or indirectly, arising out of or resulting from Participant’s: (i) breach of its obligations under these Terms and Conditions; or (ii) any negligent or willful act or omission of Participant (including any occupant, tenant or visitor of or to the Property).
5. Compliance with Laws. Participant agrees to perform its obligations in accordance with all applicable federal, state, and local laws. Participants that own a property participating in OPEN shall maintain it in compliance with all applicable laws including, but not limited to, the Lead Poisoning Prevention Act (41 ILCS 45/) and the Illinois Radon Awareness Act (420 ILCS 46/), which may require notification of current and/or future property occupants about lead and/or radon testing and/or remediation. In no event will Elevate be responsible for ensuring Participant’s compliance with any applicable laws.
6. Warranty. Additionally, any facilitation, support, data, or information of any kind provided by Elevate (hereinafter “Program Support”) is not intended to address in an all-encompassing manner the condition of the Property. NEITHER ELEVATE NOR THE VILLAGE MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. PARTICIPATION IN THE PROGRAM DOES NOT ENSURE FINANCIAL SAVINGS, ENERGY SAVINGS, WATER SAVINGS, OR OTHER BENEFITS (INCLUDING, BUT NOT LIMITED TO, ANY HEALTH AND SAFETY BENEFITS). Participant acknowledges that future financial, energy, or water savings and other benefits depend on many interrelated variables, including, but not limited to, building performance, operations and maintenance, occupant behavior, weather, and energy and water prices. Though Elevate, in its sole discretion, may make reasonable efforts to provide Program Support, neither Elevate nor the Village assumes responsibility for the condition of the Property, which shall at all times remain the responsibility of the Participant.
7. Suspension; Termination.
a. Suspension of Work. Elevate may suspend all or any part of the assessment work immediately upon written notice (which may be provided by electronic mail) to the Participant for any reason, including, but not limited to, receipt of a stop-work order from the Village. If Elevate cancels any stop-work order, Participant agrees to use reasonable efforts to facilitate the resumption of the assessment work upon written notice (which may be provided by electronic mail) from Elevate as soon as reasonably practicable.
b. Termination. Unless cured within forty-eight (48) hours of receipt of notice of a breach by Participant, Elevate may terminate Participant’s enrollment in OPEN for cause for any breach by Participant of these Terms and Conditions. Any such notice of breach will identify the alleged breach or cause of termination in reasonable detail.
8.Third-Party Beneficiaries. The parties hereto acknowledge and agree that the Village of Oak Park, or any successor to Elevate responsible for the administration of OPEN, is an intended third-party beneficiary and may enforce these Terms and Conditions. Further, no amendment or waiver of any provision of these Terms and Conditions that would adversely affect the rights of the Village shall be effective without the written consent of the Village.
9. Governing Law; Disputes. These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois without regard to its choice of law or conflict of laws provisions. Elevate and Participant hereby waive trial by jury. If any party shall institute any action or proceeding against the other relating to the provisions herein, the prevailing party in the action or proceeding shall be entitled to recover all reasonable costs and attorneys’ fees from the unsuccessful party.
10. Assignment. Participant shall not have the right to assign its enrollment in OPEN or any of his/her rights or obligations herein to any third party without the prior written permission of Elevate, which may be withheld at Elevate’s discretion. Participant will promptly notify Elevate in writing if Participant intends to transfer ownership of the Property prior to the expiration or termination of its participation in OPEN. Elevate may assign its rights and obligations stated herein to the Village or any successor program administrator appointed by the Village.
11. No Waiver. No delay on the part of Elevate in exercising any of its rights under these Terms and Conditions, at law or in equity, will operate as a waiver of such rights. Elevate’s remedies are cumulative, and the exercise of one will not prevent Elevate from exercising any other right or remedy.
12. Survival. These Terms and Conditions which, explicitly or by their nature, are intended by the parties to survive the termination or expiration of Participant’s enrollment in OPEN shall survive the termination or expiration hereof including, but not limited to, Section 1 (Authority), the indemnity provisions hereof, Section 8 (Third Party Beneficiaries), Section 9 (Governing Law; Disputes), this Section 12 (Survival) and Section 13 (Entire Agreement).
13. Entire Agreement. These Terms and Conditions, which include any exhibits referenced herein or attached hereto, set forth the entire understanding and agreement of the parties with respect to the subject matter of Participant’s enrollment in OPEN and supersede all prior agreements, representations, warranties, understandings, and commitments of the parties, whether oral or written, with respect thereto.
