Download Form Or fill out below Member Name(Required) Account Number Physical Address(Required) Member's Premises/Property is:(Required) Owned Leased Mailing Address if different Email Address(Required) Phone Number(Required) Please select one of the following EV Charging Station Options:(Required) Single Level 2 Charging Station - Wall Mount Single Level 2 Charging Station - Pole Mount Duel Level 2 Charging Stations - Single Pole Mount Program Terms & Conditions Site Visit and Installation. Upon receipt of the completed EVCS Program Application and applicable Installation Cost payment, Cooperative will contact Member to schedule a site visit for Cooperative, or its contractor, to inspect Member’s premises and determine the total up-front Installation Cost for the selected EV Charging Station(s). Cooperative, in its sole and absolute discretion will determine the manufacturer, make and model of the EV Charging Station which is being installed under this Program. After completion of the site visit, Cooperative will provide the Member with the amount of the Installation Cost, which shall be paid in full by Member prior to Cooperative installing the EV Charging Station, unless otherwise agreed to by Cooperative in writing. Access to Premises. In order to participate in the EVCS Program, Member hereby grants Cooperative the exclusive right to install, operate and maintain the EVCS on the Member’s premises. If Member is not the owner of the premises receiving electric service from Cooperative, Cooperative shall have the right to require that the owner of the premises give satisfactory written approval of Member’s request to have Cooperative install an EVCS. Metering and Billing. The EVCS shall be separately metered by Cooperative and Member shall be billed monthly for all power and energy used by the EV Charging Station in accordance with Cooperative’s Rate Schedule EVCS, as amended from time to time. Ownership and Maintenance. The EV Charging Station and all facilities necessary for service under the EVCS Program, including charging station, poles, hardware, transformers, conductors and other appurtenances shall at all times remain the sole and exclusive property of Cooperative and may be removed by Cooperative upon termination of this agreement. In the event of any EVCS failure, damage, or other problem requiring repair, replacement, adjustment or maintenance, Member shall notify Cooperative within twenty-four (24) hours of first becoming aware of such failure or problem. Member will not permit anyone, other than an authorized representative or designee of Cooperative to perform any service or repair work on the EVCS. The Cooperative will maintain the EV Charging Station(s) during regular working hours as soon as practicable following notification by the Member of the necessity. Member shall maintain the space surrounding the EVSC in a safe, neat, and orderly condition. Term & Termination. The standard term for the EVCS Program will be a minimum of eight (8) years, however, certain conditions may require a ten (10) year or more minimum with the understanding that all participants will continue after the agreed upon term in automatically renewing one (1) year extensions. Contract termination will be considered upon written notice thirty (30) days prior to said termination by either party with an agreement by both parties on termination conditions. Upon early termination, Cooperative will require full payment of the outstanding contract balance. No Right to Remove or Move EVCS. The EVCS may not be removed or moved from its place of installation, prior to the conclusion of this Agreement, without the prior written consent of Cooperative. Damage to EVCS. If the EVCS is damaged or destructed by any action or inaction of the Member or their contractors, agents, assigns, guests, or licensees, Member shall be solely responsible for all costs and expenses associated with repairing or replacing the EV Charging Station. Access to Information. Member acknowledges that Cooperative will be collecting EVCS usage data, including charge event information (“Data”), such as when a charge event occurs, energy transferred during the charge event, duration of the plug-in event, and duration of the charging period. Member acknowledges that the Data may be used by Cooperative for reasonable purposes, including, without limitation, analyzing usage and charging patterns, the effectiveness of infrastructure put in place to meet the needs of drivers of electric vehicles, and the efficacy of the EVCS Program. Changes in or Cancellation of the Program. Cooperative may change and/or cancel the program requirements, incentives, and/or Terms and Conditions at any time without prior notice to members. In the event of a program change, pre-approved applications will be processed to completion under the Terms and Conditions in effect at the time of pre-approval. Limitation of Liability and Indemnification. Cooperative and any of its affiliates, consultants, or contractors shall not be liable for any consequential or incidental damages or for any damages in tort (including negligence) caused by any activities associated with these Terms and Conditions or in the EVCS Program. Member agrees to release, indemnify, and hold harmless Cooperative, its affiliates, and its and their respective officers, directors, shareholders, employees, and contractors from and against all liabilities, losses, claims, damages, judgments, penalties, causes of action, costs, expenses (including, without limitation, attorney’s fees and expenses) incurred by or assessed against Cooperative arising out of or relating to performance of these Terms and Conditions, the work performed in connection with the EVCS, and the operation and use of the EVCS. Warranty. COOPERATIVE IS NOT THE MANUFACTURER OF THE EV CHARGING STATIONS OR EQUIPMENT COVERED UNDER THIS PROGRAM OR AGREEMENT AND THEREFORE THIS AGREEMENT IS NOT AN EXPRESS OR IMPLIED WARRANTY, GUARANTEE, OR PROMISE RELATING TO THE MATERIALS, WORKMANSHIP OR PERFORMANCE OF THE EV CHARGING STATIONS Miscellaneous Items. The Parties agree that no failure or delay in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. This agreement shall be governed by and construed and interpreted in accordance with the laws of the State of South Carolina. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of its other provisions. Following a determination by a court or an administrative body of competent jurisdiction that any provision of these Terms and Conditions is invalid or unenforceable, the remaining Terms and Conditions shall remain in full force and effect in accordance with their terms. Member agrees to disclose these Terms and Conditions to future purchasers of the property at which the project is located.