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SOUTHERN CALIFORNIA EDISON COMPANY NET ENERGY METERING AND RENEWABLE ELECTRICAL GENERATING FACILITY INTERCONNECTION AGREEMENT 10. AMENDMENT, MODIFICATIONS, WAIVER OR ASSIGNMENT: 10.1 This Agreement may not be altered or modified by either of the Parties, except by an instrument in writing executed by each of them. 10.2 None of the provisions of this Agreement shall be considered waived by a Party unless such waiver isgiven in writing. The failure of a Party to insist in any one or more instances upon. strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect. 10.3 This Agreement shall supersede any existing agreement under which Customer is currently operating the Generating Facility identified in Section 2, herein, and any such agreement shall be deemed terminated as of the date this Agreement becomes effective. 10.4 This Agreement contains the entire agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, - inducement, representation, warranty, agreement or other statement not set forth in this Agreement. 10.5 A new Customer of Record or New Party In (NPI) who owns, leases, or rents a premises with an operating NEM eligible facility, previously approved by SCE for Parallel Operation does not have to submit a new interconnection agreement as long as the. Customer meets the requirements of Schedule NEM. This will also apply to premises where the developer/contractor establishes the interconnection, so that the Customer who buys/rents/leases the premises will not have to re -submit and sign a new interconnection agreement. A new Customer of Record or New Party In (NPI), who owns, rents or leases a premises that includes NEM eligible electrical generating facilities with a capacity of 30 kW or less, that were approved by SCE for Parallel Operation prior to the new Customer or NPI moving in and/or taking electric service with SCE will take service on Schedule NEM as long as the requirements of this section are met. To be eligible, the new Customer or NPI must 1) ensure that the generating facility is compliant with all applicable safety and performance standards as delineated in SCE's Electric Rule 21 and other applicable tariffs in effect at the time of initial approval for Parallel Operation; 2) keep in force the amount of property, commercial general liability and/or personal liability insurance the New Party In or new Customer has in place at the time it initiates service on this tariff, 3) understand that SCE may from time to time release to the California Energy Commission and/or the California Public Utilities Commission , information regarding the new Customer or NPl's facility, including New Party In or new Customer's name and Generating Facility location, capacity and operational characteristics. SCE will provide the New Party In or new Customer with, a copy of the interconnection agreement in effect and as signed by the previous customer which will remain unchanged, (ii) a copy of the NEM Fact Sheet of operation and billing, and (iii) SCE's website information on the NEM tariff. 10.6 A new Customer or NPI who awns rents or leases a premises that includes a NEM eligible electrical generating facility above 30 kW will need to sign a new interconnection agreement. if.no changes are made to the interconnection facilities, the agreement will have identical terms and conditions as the ones approved for the previous Customer. ii. NOTICES: 11.1 Any notice required under this Agreement shall be in writing and mailed at any United States Post Office with postage prepaid and addressed to the Party, or personally delivered to the Party, at the address below. Changes in such designation may be made by notice similarly given. All written notices shall be directed as follows: SOUTHERN CALIFORNIA EDISON COMPANY: Form 16-344 Page 4 of 5 612012