Common use of Ineligible Projects Clause in Contracts

Ineligible Projects. None of the following types of projects qualify as an Eligible Project (each, an “Ineligible Project”): (l) projects based on the Custom Worksheet proposing measures that are not generally commercially available, are pilot or demonstration projects, or are otherwise unproven; (m) projects where any anticipated Energy Savings and/or Demand Savings are the result of an electrical (fuel) substitution (unless incorporating a defined alternative energy measure for space cooling); (n) projects where prior to submitting an Application the applicant has entered into a binding commitment to acquire the measures or services required to install the measures. A binding commitment means the execution of a construction contract, purchase order or similar documentation with respect to the project; (o) projects that relate to the commissioning of a Chilled Water Plant (as defined in the Building Commissioning Initiative); (p) a project that has previously participated in an OPA funded New Construction/Major Renovation electricity conservation and demand management program, specifically, the City of Toronto – Better Buildings Partnership New Construction Program and the Enbridge High Performance New Construction Program; (q) any project in respect of which a Participant receives funding, directly or indirectly from the OPA, other than from the Initiative or certain OPA funded capability building initiatives; (r) in respect of which Participants have already applied for either Prescriptive Measures or Custom Measures for the same project, with the exception of non-electric space cooling (see Alternative Energy Measures for Space Cooling Prescriptive List) and energy efficient appliances in a custom multi-residential building (see Multi-Residential In-Suite Appliance Prescriptive List); (s) a project that qualifies as an “Eligible Project” under the new construction and major renovation initiative being offered by the OPA and LDC for residential homes; or (t) a project that is eligible in any other initiative under the Commercial and Institutional CDM Program.

Ineligible Projects. None of the The following types of projects qualify as an Eligible Project are not eligible (each, an “Ineligible Project”): (la) projects based on the Custom Worksheet proposing measures that are not generally commercially available, are pilot or demonstration projects, or are otherwise unproven; (mb) projects where any anticipated Energy Savings and/or Demand Savings are the result of an electrical (fuel) substitution (unless incorporating a defined alternative energy measure for space cooling); (nc) projects where prior to submitting an Application Application, the applicant has entered into a binding commitment to acquire the measures or services required to install the measures. A binding commitment means the execution of a construction contract, purchase order or similar documentation with respect to the project. Notwithstanding the foregoing, the IESO is not required to reject a proposed Project where the Participant can establish that an intent to apply to or participate in the HPNC Initiative with respect to the proposed Project existed prior to entering into a binding commitment, as determined by the IESO, acting reasonably; (o) projects that relate to the commissioning of a Chilled Water Plant (as defined in the Building Commissioning Initiative); (pd) a project that has previously participated in an OPA IESO funded New Construction/Major Renovation electricity conservation and demand management program, specifically, the City of Toronto – Better Buildings Partnership New Construction Program and the Enbridge High Performance New Construction Program; (qe) any project in respect of which a Participant receives funding, directly or indirectly from the OPAIESO, other than from the HPNC Initiative or certain OPA IESO funded capability building initiatives; (rf) any project in respect of which Participants have already applied to this HPNC Initiative, provided, however, that where Participants have already applied for either Prescriptive Measures or Custom Measures for the same project, with the exception of non-electric space cooling (see Alternative Energy Measures for Space Cooling Prescriptive List) and or energy efficient appliances in a custom multi-residential building (see Multi-Residential In-Suite Appliance Prescriptive List); (s) , then, for such measures only, a project that qualifies as previous Application shall not render ineligible an “otherwise Eligible Project” under the new construction and major renovation initiative being offered by the OPA and LDC for residential homes; or (tg) projects that have entered into a project that is eligible in any other initiative Project Incentive Agreement or have submitted a Project Incentive Application under the Commercial Process and Institutional CDM Systems Initiative (formerly known as the Industrial Accelerator Program).