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to share and release all oh its utilitc Laid other data with NOPI(C, Inc. and Northeast Ohio Public <br />Ftiergy Council and its co [IS ultant(s) in order to incasure. verify and otherwise track savings from <br />energy elFciencv and for such other related uses as Grantor shall require. <br />7. Property and Equipment Purchases. All items purchased h) Grantec Irom the <br />Funds granted herein are and shall remain the property of Grantee. <br />9. Inability to Perform. In the event that Grantee does not or cannot complete or <br />perform its obligations under this Agreement. Grantee shall immediateh notify Grantor in writing. <br />Grantor, with the approval ofthc Committee Joined to award NFC Grants (the' C'ommittee'). and <br />Grantee shall jointly identify amendments or suitable uses that meet NOPI'.0 Policy. <br />9. Dispute Resolution. In the event Grantee desires clarification or explanation ofor <br />disagrees with, any mailer concerning the Agreement. or the interpretation or application of all <br />and all federal or state Stat Life,. rules, rcgu I a I ions_ laws or ord i nances. I he matter inust he submived <br />in writing to Grantor. which shall convene the Committee to review and decide the matter. All <br />decisions of the Committee shall be final and binding upon Grantec, and non -appealable. <br />10. Termination. <br />(a) If Grantor determines that Grantee has failed to perform any requirements <br />of this Agreement. or if Grantee is in default under tray provision of this Agreement. or upon just <br />cause. as shall be determined hp the Committee. (irantor, upon approval by the Committee. may <br />terminate the Agreement at arra time atter providing Grantce with written notice and a period of at <br />least thirty (30) days to cure any and all defaults under this Agreement. During such thirty -clay <br />cure period. Grantee shall incur only those obligations or expenditures which are necessary io <br />enable Grantee to continue to achieve compliance with the terms of this Agreement. <br />(b) This Agreement shall automatically terminate if Grantce is not a NON( <br />member in good standine. A NOPI1( member in good standing means a Northeast Ohio Public <br />Fnerg) Council (" NOPFC or -Northeast Ohio Public Fnergy Council' ) member whose residents <br />are receiving service from Northeast Ohio Public I nergy C'ouncil's natural gas or electric <br />aggregation program. and which has not provided written notice to withdraw from such Northeast <br />Ohio Public Fnergv Council's natural gas or electric aggregation program. <br />Effects of Termination. <br />(a) Within sixty (60) days alter termination of this Agreement, Grantee shall <br />surrender all reports, data documents, and other materials aysemhled and prepared pursuant to this <br />Agreement which shall becoine the property of Grantor. <br />(b) I he Committee also may withhold anv payment of the Fluids or require <br />Grantec to return all or any part of the I ands awarded if Grantee is luund to have violated the <br />provisions of this Agreement. Notw ithstandimg any other provision in this Agreement. if Grantee <br />either withdraws from membership in the Northeast Ohio Public Lnergv Council or from its <br />electric or natural gas aggregation programs) or is otherwise not a member in good standing of <br />the Northeast Ohio Pub l is t:nerg)Council,Grantec shall nolongerbeeligiblefor anv NL LCGrants. <br />The provisions of this paragraph are in addition to the termination provisions of this Agreement <br />and to any payments required under the Northeast Ohio Public I.nergy Council Hrlaws and the <br />rrresvrsvt <br />