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<br /> VIII. Non Discrimination. The following information shall be provided by Wholesale Customer to the
<br /> public in descriptions of the Program:
<br /> No person shall, on the grounds of race, color, national origin,
<br /> handicap, sex, religion or age, be excluded from participation in, be
<br /> denied the benefits of, or otherwise be subjected to discrimination
<br /> under the Energy Fitness Program. If you feel you have been subjected
<br /> to discrimination as described above, you personally or by a
<br /> representative have the right to file a written complaint with LCRA not
<br /> later than 90 days from the date of the alleged discrimination. The
<br /> complaint should be sent to:
<br /> Lower Colorado River Authority
<br /> Conservation Division WB 338
<br /> P.O. Box 220
<br /> Austin, TX 78767
<br /> A copy of the applicable LCRA regulations may be obtained on request by
<br /> writing LCRA at the address given above.
<br /> Wholesale Customer shall make this infonnation available in a fonn accessible
<br /> to persons who do not understand written English, including the visually
<br /> impaired, in a manner to be determined by Wholesale Customer and LCRA.
<br /> IX. Indemnity. Wholesale Customer hereby releases LCRA, its directors, officers, agents and
<br /> employees from, and shall, to the extent permitted by law, indemnify and save hannless LCRA,
<br /> its directors, officers, agents and employees from any and all claims, demands, judgments or
<br /> causes of action of any kind or character whatsoever arising out of or in any way connected with
<br /> Wholesale Customer's performance under this Agreement, including without limit:ltion the
<br /> conducting of any Surveys by Wholesale Customer, its agents, employees or contractors, the
<br /> distribution, processing, and storage of any forms, reports, or information, review of loan
<br /> applications and credit reports, funding of loans, collection of delinquent loans, or management
<br /> (including mismanagement) of any funds made available by LCRA for loans or rebates hereunder.
<br /> However, Wholesale Customer's indemnity obligations to LCRA hereunder shall not apply unless
<br /> such claims, demands, or causes of action arise in whole or in part from Wholesale Customer's
<br /> failure to perform any of its obligations under this Agreement (and the attachments hereto),
<br /> including those prescribed in the Program Design and Procedures, or from the negligence, willful
<br /> misconduct or other wrongful acts of Wholesale Customer or its directors, officers, contractors,
<br /> agents or employees.
<br /> X. Operating Representatives. LCRA's operating representative for administration of the Program
<br /> shall be the Manager of Energy Efficiency or his/her designee. Wholesale Customer's operating
<br /> representative for administration of the Program shall be the Manager of its electric system or
<br /> his/her designee. Subject to the provisions of tlùs Agreement, the Power Contract, and any
<br /> applicable law or written policy statement, the operating representatives shall be authorized to
<br /> agree upon such incidental administrative arrangements as are appropriate for the efficient and
<br /> expeditious implementation of this Agreement.
<br /> XI. Term. Except as otherwise provided herein, this Agreement shall become effective as of --'
<br /> and shall continue in effect until terminated by either party upon at least 60 days' wrÏt1:en notice
<br /> to the other party specifying the effective termination date; provided, however, that either party
<br /> may terminate Wholesale Customer's participation in any of the optional plans selected by
<br /> Wholesale Customer as its Energy Fitness Package pursuant to Section III hereof upon at least 60
<br /> days' written notice to the other party specifying the effective termination date. It is understood
<br /> by the parties that nothing contained herein shall be construed as relieving either party of its
<br /> obligations accruing prior to any of said effective termination dates, such as Customer's
<br /> obligations to collect and return to LCRA amounts in connection with loans made to End-Users
<br /> 4 REV. 07/19/91
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