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Ubaldo |\n| Organization: | California Energy Commission |\n| Submitter Role: | Commission Staff |\n| Submission Date: | 2/7/2025 5:54:47 PM |\n| Docketed Date: | 2/7/2025 |\n\nAGENCY AGREEMENT  \nThis Agency Agreement (the \"Agreement\") is entered into as of [Date], by and between the California Energy Commission, with its principal place of business located at 715 P Street, Sacramento, CA 95814 (the \"CEC\"), and [Agent Name], a [corporation/limited liability company/partnership/individual] organized under the laws of [State], with its principal place of business located at [Address] (the \"Agent\") .  \n1. APPOINTMENT  \nThe CEC hereby appoints the Agent, and the Agent accepts such appointment, as its non-exclusive agent for the purpose of accessing interval meter data.  \n2. CONFIDENTIALITY  \nThe Agent shall comply with (a) the CEC’s Special Terms and Conditions for Confidential and Personal Information; and (b) Nondisclosure Agreement, incorporated by reference as Exhibit A and Exhibit B, respectively.  \nThe Agent is not permitted to share or disclose such confidential information whatsoever, unless mandated by law, without written permission from the CEC. The Agent’s obligation of confidentiality will survive the termination of this Agreement.  \n3. SCOPE OF AGENCY  \nThe scope of this Agency is limited to access to interval meter data as permitted by CEC. The Agent may only use interval meter data or other specified personally identifiable or confidential information in connection with analysis for local public agencies. Only analytical results without personally identifiable or confidential information, as determined by the CEC in writing, may be shared with local public agencies. Data and analytical results may also be shared with a local agency if the CEC determines in writing that the local agency is the originator of specific data provided to the CEC by law, including under Cal. Code Regs. Tit. 20, § 1353 or by agreement. The Agent is not authorized to bind the CEC in any way whatsoever to its use of interval meter data in connection with analysis for local public agencies and may not use interval meter data beyond the scope defined herein.  \n4. RELATIONSHIP OF THE PARTIES  \nNothing in this Agreement shall constitute to create an employer-employee relationship between the CEC and the Agent.  \n5. INDEMNIFICATION  \nThe Agent agrees to take all necessary precautions to prevent injury to any persons or damage to property during the term of this Agreement, and shall indemnify, defend, and hold harmless the CEC, its officers, directors, shareholders, employees, representatives, and/or agents from any claim, liability, loss, cost, damage, judgment, settlement, or expense (including attorney’s fees) resulting from or arising in any way out of injury (including death) to any person or damage to property arising in any way out of any act, error, omission, or negligence on the Agent and the Agent’s employees in the performance or failure to fulfill any services or obligations under this Agreement. This obligation survives the termination of this Agreement.  \n6. DATA PRIVACY  \na. Compliance with Laws: The Agent shall comply with all applicable data protection and privacy laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA) .  \nb. Data Protection: The Agent shall ensure that any personal data obtained during the course of its duties under this Agreement is kept secure and not disclosed without the CEC's prior written consent. The Agentshall comply with the CEC’s Special Terms an","cbCaimqsqgESZEQi","https://ap.wps.com/l/cbCaimqsqgESZEQi","pdf",676836,13,"English","# Agency Agreement\n## Appointment\n## Confidentiality\n## Scope of Agency\n## Relationship of the Parties\n## Indemnification\n## Data Privacy\n## Term and Termination\n## Governing Law\n## Entire Agreement\n## Amendments\n## Notices\n## Severability","[{\"question\":\"What is the agent appointed to do under this agreement?\",\"answer\":\"The California Energy Commission appoints the agent as a non-exclusive agent to access interval meter data for the defined purpose.\"},{\"question\":\"What confidentiality obligations apply to the agent?\",\"answer\":\"The agent must comply with special confidentiality terms and a nondisclosure agreement, and may not share confidential information unless required by law or permitted in writing by the CEC.\"},{\"question\":\"What data privacy and breach responsibilities does the agent have?\",\"answer\":\"The agent must comply with applicable privacy laws, keep personal data secure, and promptly notify the CEC and mitigate the effects of any data breach.\"}]","Agency Agreement - Template | PDF",1789571020]