I, 

, (the “Customer”) and, 509Energy, (the “Contractor”) hereby enter into this HOPE – Helping Out Pend Oreille with Efficiency Program, (the “Program”) Agreement (“Agreement”) for certain Income Qualified Energy Efficiency weatherization improvements, upgrades, replacements, installations, and/or renovations under the Program to be made on the real property identified below.

In furtherance of this Agreement, Customer certifies that it is the owner/authorized agent for the property located at (the “Property”):

Customer certifies that the Property has an electric heating system as the primary system and accounts for at least fifty percent (50%) of the conditioned area. Electric heating is defined as either: (i) zonal electric heat, including hydronic systems, or (ii) electric forced air furnaces, with or without air conditioning; and is served by Public Utility District No. 1 of Pend Oreille County (the “District”).

Through the Program, Contractor offers assistance for approved property weatherization improvements, upgrades, replacements, installations, and/or renovations for certain income-qualified individuals. Qualifying individual(s) must provide proof of income or complete a self-attestation form indicating individual(s) are at or below 200% of the Federal Poverty Level.

Customer understands and agrees that the qualifying individual, whether it be Customer or Customer’s tenant or tenants, and any successors during the term of this Agreement, are the intended beneficiaries of this Agreement.

Contractor will make certain authorized weatherization improvements based on the Eligible Measures List, as defined by the Bonneville Power Administration (“BPA”). Eligible measures include but are not limited to heat pumps, smart thermostats, duct/air sealing, and insulation. Program exclusions include but are not limited to appliances, water heaters, windows, and doors.

Customer acknowledges that the Program may provide incentive funding that may reduce the amount owed by Customer to Contractor, but such funding is subject to District approval and the availability of BPA funding. The District does not guarantee the availability of such funding. In the event that incentive funding is not available, Customer remains solely responsible to Contractor for the payment of the work performed under this Agreement.

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Customer desires to enter into this Agreement to facilitate the installation of the foregoing weatherization improvements under the Program.

Contractor and/or its subcontractors will perform energy efficiency upgrades at the Property, which may be eligible for incentive funding under the Program, subject to the availability of BPA funding.

Contractor will provide a copy of this Agreement to the tenant (if applicable) and secure the signatures of all current tenants.

Customer may inspect the work performed by Contractor. Customer agrees that it will, upon completion of the work, sign the Certification of Work Completed, Release, and Approval for Incentive Administration form provided by Contractor. Customer may review the Certification of Work Completed, Release, and Approval for Incentive Administration prior to executing this Agreement.

Customer agrees that (i) the District is permitted to share meter usage data with BPA and Contractor; and (ii) that Contractor is permitted to gather meter usage data in order for Contractor to monitor and analyze data regarding the efficacy of the efficiency upgrades.

ALL WORK PERFORMED BY CONTRACTOR AND/OR ITS SUBCONTRACTORS IS CONTRACTOR'S WORK AND CONTRACTOR'S RESPONSIBILITY, AND NOT THE WORK OR RESPONSIBILITY OF THE DISTRICT. THE DISTRICT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE WORK PROVIDED, OR NOT PROVIDED, BY CONTRACTOR. THE DISTRICT MAKES NO WARRANTIES, CLAIMS, OR ASSERTIONS REGARDING THE WORK OR QUALITY OF WORK PERFORMED BY CONTRACTOR.

CUSTOMER UNDERSTANDS AND AGREES THAT ANY AND ALL CLAIMS REGARDING THE WORK OR QUALITY OF WORK PERFORMED BY CONTRACTOR AND/OR ITS SUBCONTRACTORS MUST BE SUBMITTED TO OR AGAINST CONTRACTOR AND NOT TO OR AGAINST THE DISTRICT. CUSTOMER DOES HEREBY RELEASE AND PLEDGE TO HOLD HARMLESS AND INDEMNIFY THE DISTRICT, ITS AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE INSTALLATION OR OPERATION OF THE WEATHERIZATION IMPROVEMENTS PERFORMED BY CONTRACTOR. CUSTOMER AGREES THIS TERM IS A MATERIAL INDUCEMENT OF THE CONTRACTOR'S EXECUTION OF THIS AGREEMENT, AND THE PARTIES AGREE THAT THE DISTRICT MAY REASONABLY RELY UPON AND ENFORCE THIS PROVISION.

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If the Property is a rental property, Customer certifies that it is the landlord for the Property, and Customer identifies the following tenant(s) of the Property:

Tenant(s):

If the Property is a rental property and one or more of the tenants are the individual(s) qualified under the Program, in consideration of the installation of the weatherization improvement(s), Customer agrees as follows:

(1) "Rent" is defined as the tenant's monthly payment to the owner (non-subsidized housing) or the contract rent (subsidized housing).

(2) Customer shall not raise the Rent at any time because of increased value of the rental unit(s) due solely to the installation of the weatherization improvements.

(3) For one (1) year following the completion of the work performed by Contractor, Customer shall not raise the Rent of the tenant(s), provided, however, that Customer may increase Rent to reflect tenants' prorated share of the following expenses actually incurred and documented by Customer:

(i) actual increases in property taxes for the Property;

(ii) actual cost of amortizing improvements to the Property (other than installation of the weatherization improvement(s)), which are accomplished on or after the date of this Agreement and which directly benefit tenants; or

(iii) actual increases in expenses of maintaining and operating the Property.

(4) Customer agrees that the terms of this Agreement are incorporated into any other lease or agreement between Customer and tenant(s), and between Customer and any successor tenant(s) during terms of this Agreement. In the event of any conflict between the provisions of this Agreement and provisions of such other lease or agreement, the provisions of this Agreement shall control.

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(5) Customer agrees that the tenant(s), if any, shall have the right to enforce the Rent
provisions set forth in this Section.

(6) Customer agrees that the District has no duty or obligation to enforce the tenant(s)'s
rights under this Agreement.

(7) Except as expressly set forth in this Section, this Agreement does not otherwise affect,
alter, change, or amend any landlord-tenant agreement or any applicable provisions of
the Washington Landlord/Tenant Act.

7.1 Survival and Severability. In the event any provision of this Agreement is held to be invalid
or unenforceable, then the remaining provisions shall nevertheless remain in full force and
effect.

7.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with
respect to the Program and supersedes all prior agreements, whether oral or written, including
change orders. This Agreement shall only be modified by a written amendment executed by
both parties.

7.3 Binding Effect. This Agreement shall be binding upon the parties hereto, and their heirs,
successors, executors, administrators and assigns.

7.4 Waiver. The failure of either party to enforce or insist upon compliance with any of the terms
or conditions of this Agreement will not constitute a general waiver or relinquishment of any
such terms of conditions, but such conditions and terms will be and remain at all times in full
force and effect.

7.5 Governing Law, Venue. The performance and interpretation of this Agreement shall be
governed in accordance with the laws of the State of Washington. Any litigation arising out
of or in connection with this Agreement shall be brought in Pend Oreille County, Washington.

7.6 Attorneys' Fees. In the event that suit is brought in to enforce the provisions of this Agreement
or to recover damages for breach thereof, the prevailing party in any such action shall be
entitled to recover its reasonable attorneys' fees and litigation costs, including any attorney's
fees, and court costs, expenses and other costs incurred on appeal, in addition to such other
relief that may be granted from the other party.

7.7 Counterparts. This Agreement may be executed in any number of counterparts, each of which
when so executed and delivered shall be an original hereof, and it shall not be necessary in
making proof of this Agreement to produce or account for more than one counterpart hereof.

7.8 Term. Other than the provisions of Section 4, this Agreement will expire one (1) year following
the date of completion of the installation of the weatherization improvements at the Property.

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