New Buildings Program 2.0

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1 New Buildings Program 2.0 Performance Path Incentive Agreement Application no. NBP PF2954C/f Rev Agreement Manitoba Hydro ( MH ) offers an Incentive to a commercial building owner (the Customer ) who designs and constructs a new building that qualifies under the New Buildings Program 2.0 (the Program ) on the terms and conditions set out below. The Incentive will be calculated in accordance with Incentive Calculations specified in the Project Worksheet and/or Application. 1.0 Warranties and agreements 1.1 The Customer warrants that the Application and all matters and materials relating thereto qualify and comply with the Program Eligibility Criteria. 1.2 The Customer warrants that all information contained in the Application is true and correct. 1.3 The Customer agrees to the terms and conditions of this Agreement and shall comply with all requirements of MH at all times. If the Customer fails to comply with these terms and conditions or any requirement, then, upon notice from MH, the Customer shall repay MH the full amount of the Incentive awarded or as defined in the Program Eligibility Criteria. The Customer agrees that such repayment amount may be added to the Customer s account(s) with MH and be collected as such. 1.4 MH reserves the right to change or terminate the Program at any time, but will continue to process applications submitted prior to the change or termination. MH Incentive amounts are subject to change without notice. 1.5 The Customer agrees that MH has the right, and will cooperate with MH, to claim and to own any emission reduction (greenhouse gas) credit that may result from the building relating to its design and/or construction. 1.6 Incentives will first be applied to the Customer s MH energy accounts against any outstanding account balances or loans. 1.7 MH decisions relating to the Customer, the Application, the building, amount of Incentives, or other related issues, will be final and binding on all parties and not subject to appeal. 2.0 Requirements 2.1 The design of the building, and the building, must meet or exceed Program requirements, and formal notice of compliance for the final design must be obtained from MH prior to commencement of. 2.2 The construction of the building must be completed in strict accordance with the final design, and the building must be operational for the intended purpose in MH s service area, within 24 months of the date MH has given formal notice of compliance for the design of the building. 2.2 The Customer agrees to operate the building for a period of at least 36 months following the payment of the Construction Incentive to the Customer. 2.3 The Customer agrees to allow periodic inspections of the Customer s premises and building by MH or its representatives, during normal business hours, anytime from the date of the Application until 36 months following the time of last payment of the Incentive to the Customer or 36 months following the completion of construction of the building, whichever is later. 3.0 Supporting documentation 3.1 At MH s request, the Customer will supply evidence that the building has been designed and constructed, in accordance with this agreement, including supporting itemized invoices and documentation which must detail the following: developer/ vendor name(s), address(es), contact information, permits, certificates, and invoice numbers; occupant name(s) and address(es), details on design and construction; and an itemization of costs. 3.2 Approval on an Incentive does not constitute MH electrical and/or natural gas inspection approval, which may be required. When applicable, an electrical permit and/or a natural gas permit number and certificate of approval must be submitted before Incentive can be paid. 4.0 Tax implication MH will not be responsible for any tax liability imposed on the Customer as a result of any Incentive payment. GST Registrants: Incentives include GST. 5.0 Liability 5.1 MH will have no right, title or interest in the building. 5.2 MH, not being the designer, developer, builder, or contractor, of the building, makes no representation or warranty whatsoever, express or implied, as to the fitness, quality of design practices, or the performance or capability of the building or its operation, workmanship, or use, nor warrants that the building will satisfy the requirements of any law, rule, specification or contract. 5.3 The Customer does hereby indemnify and save harmless MH, its agents and employees from all damages, expenses and costs for injury or death of any person, damage to or destruction of property, and all economic loss suffered by any person caused by any design, building, or construction, and/or operation, of any building. 5.4 The Customer assumes all risk and responsibility for any damages, injury and/or costs that may result from the design, construction, and/or operation, of the building. 5.5 MH does not endorse any particular designer, developer, builder, contractor, product, tool, system, design, contractor, supplier or installer in promoting this Program. 5.6 The Customer accepts sole responsibility to dispose of all hazardous materials (including PCBs) in respect of the building in accordance with all applicable government regulations. 6.0 Assignment of incentive 6.1 The Customer may assign the Incentive to any member of the building s design or construction team, by signing the box marked ASSIGNMENT on the Application form, and completing the information in the box title CHEQUE PAYMENT INFORMATION. This will constitute the Customer s irrevocable assignment of the Incentive. 6.2 No other assignment is permitted without MH s written consent. 6.3 MH reserves the right to apply the Incentive first to any outstanding account balances or loans of the Customer and to pay, if any, to the Customer or the permitted assignee to whom the Customer has assigned the Incentive. Available in accessible formats upon request.

2 New Buildings Program 2.0 Terms and Conditions PF2954C/r Program eligibility criteria THIS APPLICATION MUST BE PRE-APPROVED BY AN AUTHORIZED MANITOBA HYDRO REPRESENTATIVE BEFORE SIGNIFICANT CONSTRUCTION WORK CAN BEGIN ON THE PROJECT. The Customer must be a Manitoba Hydro customer eligible for the General Service Electricity Rate. This Program applies to new construction projects classified as Part 3 buildings that are required to follow the Manitoba Energy Code for Buildings 2013 (MECB), as determined by the Authority Having Jurisdiction. Commercial buildings not required to follow the MECB may also apply; however, Residential, Multi-Unit Residential, Farm, Industrial, and Manufacturing buildings that are not required to follow the MECB are not eligible for this Program. The Customer must be the current registered owner of the property for the building and of the building. Incentives are not available for projects completed as of the date Manitoba Hydro approves this Application. Program eligibility shall be at Manitoba Hydro s sole determination based on the Application and the Customer s compliance with Program requirements of Manitoba Hydro. This Incentive is conditional upon the Customer remaining a Manitoba Hydro customer in good standing for a minimum period of 36 consecutive months from the date of last payment of the Incentive. In the event that the Customer ceases to be a Manitoba Hydro customer in good standing prior to the expiry of the said 36 month period, the Customer shall forthwith repay to Manitoba Hydro the full amount of the Incentive awarded. The Customer must at all times comply with all applicable federal, provincial, municipal, laws, by-laws, regulations, and codes, which are, or may hereafter become, applicable, to the Customer, the building (including, without limitation, its design, construction, operation), the project and/or any of the team member(s) or other contractor(s), and with all requirements of MH relating to the Program, Application, Incentive, Incentive Agreement, energy supply and/or account(s). Manitoba Hydro must be promptly notified of any change to the building s design at all times, otherwise the Customer may be determined by Manitoba Hydro to be ineligible for any Incentives. Application instructions 1. Read the AGREEMENT on the reverse side and the PROGRAM ELIGIBILITY CRITERIA above. 2. Complete all fields on the APPLICATION. Please ensure that all information requested on the Application is provided. Incomplete Applications may result in delays in the approval process and may be returned. 3. Read the CUSTOMER ACKNOWLEDGEMENT on the Application and provide the information and signatures required. 4. Complete the PROJECT WORKSHEET. 5. Ensure Design Team Members information is complete and accurate. Additional worksheets can be attached if needed. 6. Transfer Incentive Calculation amounts to the Application forms. Total Requested Incentive Payable determined by the project s final, completed energy model and paid to the Customer upon completion of the Program. 7. Enter the appropriate customer/building owner name and address in the CHEQUE PAYMENT INFORMATION section of the Application; OR To assign the incentive to the consultant, vendor, or contractor, read and sign the ASSIGNMENT section of the Application and enter the consultant s, vendor s, or contractor s name and address in the CHEQUE PAYMENT INFORMATION section. 8. Retain copies of the Application and Project Worksheet for your records. 9. Mail the completed Application to your appropriate Manitoba Hydro Energy Services Advisor or Account Representative for pre-approval. Manitoba Hydro New Buildings Program 360 Portage Ave. Winnipeg MB R3C 0G8 10. To qualify for the Program incentives, all program deliverables must be received in sequence and approved by Manitoba Hydro representatives. Please refer to the New Buildings Program Performance Path Program Guide for details on applicable deliverables. 11. Manitoba Hydro will review the Application and all required program deliverables and if in agreement, will authorize the incentive(s) and advise the Customer. 12. A Manitoba Hydro representative may visit the site and conduct a pre- and/or final inspection to confirm eligibility for the Program and/or satisfactory installation of systems and equipment. The incentive cheque will then be processed and forwarded to the payee. 13. An agent acting on behalf of the customer may complete the Application; however, the customer must read the agreement and sign the Customer Acknowledgment section of the form. If you have any questions or require assistance, contact us directly at NewBuildings@hydro.mb.ca or

3 PF2954C(1)/f Rev New Buildings Program 2.0 Performance Path Incentive Application Application no. NBP Refer to the New Buildings Program Performance Path Program Guide or contact Manitoba Hydro directly (NewBuildings@hydro.mb.ca or ) for further program details and a list of all program requirements. Building information Building name (if applicable) Building mailing address City/town Province Postal code Building type (If mixed, indicate all types and estimated percentage of each area; e.g. 50% office, 50% retail.) Building size (conditioned floor space) ft.² No. of floors Manitoba Hydro account no. Customer/Owner information Business/ Primary contact name Business/Company mailing address City/town Province Postal code GST registration no. Phone no. Fax no. Customer acknowledgment (Read cover page of this Application before signing.) I, the Customer, have read and understood the Agreement and the Program Eligibility Criteria printed on the cover page of this Application. I agree to the listed terms and conditions and warrant that I fully qualify and have complied with such terms and conditions. Signed by (Customer) Print name Print title Personal information is being collected under the authority of Program Activity and The Manitoba Hydro Act. The purposes are for Manitoba Hydro and its program partner(s) and contractor(s) to plan, develop, implement, market, administer, track and evaluate, energy efficiency programs, to review and update customer account(s), and to determine, administer, and report, incentive(s) and saving(s) relating to the programs. Other uses and disclosures may include the Public Utilities Board for reporting purposes, government entities in relation to their programs, external auditors for auditing purposes, and Manitoba Hydro officials on a need to know basis. It is protected by the Protection of Privacy provisions of The Freedom of Information and Protection of Privacy Act. If you have any questions, please contact Manitoba Hydro, 360 Portage Ave., Winnipeg MB R3C 0G8 or telephone Cheque payment information Payee name Cheque mailing address City/town Province Postal code TOTAL REQUESTED INCENTIVE PAYABLE ($) (subject to final inspection and submission of program deliverables) $ Assignment* (Only if Incentive assigned.) I, the Customer, do hereby irrevocably direct and authorize Manitoba Hydro to pay the Incentive to the Vendor or Installer named in the box titled CHEQUE PAYMENT INFORMATION. Signed by (Customer) *NOTE: Manitoba Hydro reserves the right to apply the Incentive first to any outstanding account balances or loans of the Customer and to pay the balance, if any, to the vendor or installer to whom the Customer has assigned the Incentive. Status Receipt (R) Inspection (R) METER TAG NO(S). Tech review (CES) Receipt (MP) Application verified by (Regional Representative) Disbursements Cheque delivery instruction (Refer to P95 for cheque delivery code) Cheque delivery code Name Payment authorized by (Program Coordinator) Incentive breakdown Cost element Order no. Activity Amount Approved by (Marketing Programs Manager) Net Amt Tax code 1G $ DISTRIBUTION: WHITE Manitoba Hydro Accounts Payable YELLOW Customer

4 PF2954C(1)/r Agreement Manitoba Hydro ( MH ) offers an Incentive to a commercial building owner (the Customer ) who designs and constructs a new building that qualifies under the New Buildings Program 2.0 (the Program ) on the terms and conditions set out below. The Incentive will be calculated in accordance with Incentive Calculations specified in the Project Worksheet and/or Application. 1.0 Warranties and agreements 1.1 The Customer warrants that the Application and all matters and materials relating thereto qualify and comply with the Program Eligibility Criteria. 1.2 The Customer warrants that all information contained in the Application is true and correct. 1.3 The Customer agrees to the terms and conditions of this Agreement and shall comply with all requirements of MH at all times. If the Customer fails to comply with these terms and conditions or any requirement, then, upon notice from MH, the Customer shall repay MH the full amount of the Incentive awarded or as defined in the Program Eligibility Criteria. The Customer agrees that such repayment amount may be added to the Customer s account(s) with MH and be collected as such. 1.4 MH reserves the right to change or terminate the Program at any time, but will continue to process applications submitted prior to the change or termination. MH Incentive amounts are subject to change without notice. 1.5 The Customer agrees that MH has the right, and will cooperate with MH, to claim and to own any emission reduction (greenhouse gas) credit that may result from the building relating to its design and/or construction. 1.6 Incentives will first be applied to the Customer s MH energy accounts against any outstanding account balances or loans. 1.7 MH decisions relating to the Customer, the Application, the building, amount of Incentives, or other related issues, will be final and binding on all parties and not subject to appeal. 2.0 Requirements 2.1 The design of the building, and the building, must meet or exceed Program requirements, and formal notice of compliance for the final design must be obtained from MH prior to commencement of. 2.2 The construction of the building must be completed in strict accordance with the final design, and the building must be operational for the intended purpose in MH s service area, within 24 months of the date MH has given formal notice of compliance for the design of the building. 2.2 The Customer agrees to operate the building for a period of at least 36 months following the payment of the Construction Incentive to the Customer. 2.3 The Customer agrees to allow periodic inspections of the Customer s premises and building by MH or its representatives, during normal business hours, anytime from the date of the Application until 36 months following the time of last payment of the Incentive to the Customer or 36 months following the completion of construction of the building, whichever is later. 3.0 Supporting documentation 3.1 At MH s request, the Customer will supply evidence that the building has been designed and constructed, in accordance with this agreement, including supporting itemized invoices and documentation which must detail the following: developer/vendor name(s), address(es), contact information, permits, certificates, and invoice numbers; occupant name(s) and address(es), details on design and construction; and an itemization of costs. 3.2 Approval on an Incentive does not constitute MH electrical and/or natural gas inspection approval, which may be required. When applicable, an electrical permit and/or a natural gas permit number and certificate of approval must be submitted before Incentive can be paid. 4.0 Tax implication MH will not be responsible for any tax liability imposed on the Customer as a result of any Incentive payment. GST Registrants: Incentives include GST. 5.0 Liability 5.1 MH will have no right, title or interest in the building. 5.2 MH, not being the designer, developer, builder, or contractor, of the building, makes no representation or warranty whatsoever, express or implied, as to the fitness, quality of design practices, or the performance or capability of the building or its operation, workmanship, or use, nor warrants that the building will satisfy the requirements of any law, rule, specification or contract. 5.3 The Customer does hereby indemnify and save harmless MH, its agents and employees from all damages, expenses and costs for injury or death of any person, damage to or destruction of property, and all economic loss suffered by any person caused by any design, building, or construction, and/or operation, of any building. 5.4 The Customer assumes all risk and responsibility for any damages, injury and/or costs that may result from the design, construction, and/or operation, of the building. 5.5 MH does not endorse any particular designer, developer, builder, contractor, product, tool, system, design, contractor, supplier or installer in promoting this Program. 5.6 The Customer accepts sole responsibility to dispose of all hazardous materials (including PCBs) in respect of the building in accordance with all applicable government regulations. 6.0 Assignment of incentive 6.1 The Customer may assign the Incentive to any member of the building s design or construction team, by signing the box marked ASSIGNMENT on the Application form, and completing the information in the box title CHEQUE PAYMENT INFORMATION. This will constitute the Customer s irrevocable assignment of the Incentive. 6.2 No other assignment is permitted without MH s written consent. 6.3 MH reserves the right to apply the Incentive first to any outstanding account balances or loans of the Customer and to pay, if any, to the Customer or the permitted assignee to whom the Customer has assigned the Incentive.

5 PF2954C(2)/f Rev New Buildings Program 2.0 Performance Path Incentive Project Worksheet Application no. NBP Instructions: Fill in the form below to calculate an estimate of the Incentive payable. All applicable areas must be completed. The actual Incentive payable may be recalculated based on the project s final approved energy model. Design team members Provide contact information for all design team members. Architect Electrical engineer Mechanical engineer Lighting designer Energy modeller General contractor Commissioning agent Continued on reverse.

6 PF2954C(2)/r Other (indicate design role) Other (indicate design role) Project description & schedule Provide a brief overview of the proposed building including a summary of the significant energy efficient strategies incorporated into the proposed building design. Building energy target Energy Use Intensity (EUI) target % better than MECB ekwh/ft 2 /yr DESIGN KICK-OFF MEETING DATE CONSTRUCTION PERMIT ISSUE DATE CONSTRUCTION START DATE CONSTRUCTION COMPLETION DATE Incentive calculation Complete calculations. See adjacent chart to determine the building s incentive factor. Building Size (conditioned floor space) ft² x $ Note: Building dimensions to be confirmed by construction documents and/or actual site inspections before incentive payments are issued. Incentive amounts may be adjusted upon inspection. Final incentive factor will be adjusted (if necessary) based on the project s final approved energy model. Additional building information Indicate the building s compliance path for the Manitoba Energy Code for Buildings: Building Energy Performance Compliance Path (Part 8) Prescriptive Compliance Path (Parts 3 7) Prescriptive Compliance Path with Trade-offs (Parts 3 7) Alternative solutions compliance All other applicable conditions (check all that apply): Building is bound by the Manitoba Green Building Policy for Government of Manitoba funded projects Registering with ENERGY STAR Portfolio Manager Applying for a Green Globes certification Applying for LEED certification Incentive Factor ($/ft 2 ) Total Requested Incentive Certification from any other building labelling/designation program (specify) = $ Energy efficiency designation levels Building energy target (% better than MECB) Incentive factor ($ / ft 2 ) 5.0% $ % $ % $ % $ % $ % $ % $ % $ % $ % $ % $ % $ % $ % $ % $ % $2.00

New Buildings Program 2.0

New Buildings Program 2.0 Energy Modelling Assistance Incentive Agreement PF2954D/f Rev 18 07 Agreement Manitoba Hydro ( MH ) offers an Incentive to a commercial building owner (the Customer ) who designs