Opening of Proposals - RFQ VPA Energy Savings Contract - Ameresco - Part 3

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consent of Ameresco unless such action is in accordance with operating procedures provided by Ameresco. • Adjustment to Baseline: If, in the reasonable opinion of Ameresco, Customer does not reasonably operate, maintain, repair or otherwise protect the ECMs and/or maintain the Property in good repair and good working condition, then Ameresco may submit to the Customer for an adjustment to the baseline for any increased energy usages at the Property. Approval of said adjustments shall not be unreasonably withheld by the Customer. • Energy Usage Data: In the event that utility bills are utilized for Measurement and g � Verification, Customer shall provide to Ameresco on a month/ basis during the Term p � 9 y (and in any event, within thirty (30) days of its receipt of the same), copies of all utility (electricity, natural gas, and water) bills, utility usage data, and any and all other such documentation maintained by Customer, as requested by Ameresco, which may be necessary for Ameresco to determine and satisfy all of its obligations under this Agreement. • Telephone and Internet: Customer shall be responsible for installing and maintaining telephone lines and all associated costs as needed, including internet/Ethernet charges, for the building management system's telephone and communication lines. Ameresco may use Customer's LAN for the purposes of the energy management system. Customer shall grant Ameresco remote access such that Ameresco can interrogate the energy management systems at all locations from Ameresco's office. Ameresco shall have the right to download data as needed from the energy management systems to verify energy savings. • Protection: Customer shall, at all times, act reasonably to protect the ECMs from damage, theft or injury to the same extent and in the same manner in which It protects its other property. • Alteration: Customer shall not move, alter or change the ECMs in any way that causes a reduction in the level of efficiency or savings generated by any ECM or the equipment installed hereunder without obtaining Ameresco's prior written approval which shall not be unreasonably withheld. • Access: Customer shall provide Ameresco reasonable access to the facilities throughout the term of this Agreement as necessary to perform monthly reconciliations, verify operation of installed equipment, verify control set -points, verify comfort or other operating conditions, or other reasonably required activities under this Agreement. • In the event the Customer does not elect to continue payment on the Measurement and Verification fees as described in this document, Measurement and Verification activities will no longer be provided for the project and the Savings Guarantee will be deemed fulfilled for the term of the contract. Information Only - Baseline Adjustments: • If baseline adjustments are required in the future- the following shall be used as guidelines and are given as information only. The M&V activities associated with this project do not include an Option C (nor a utility bill analysis). • In the event that the type of fuel used at the sites, or any portion thereof, changes at any time during the contract period in any manner which Ameresco reasonably believes affects the baseline and/or Ameresco's guarantee, the baseline and/or the guarantee will be recalculated by Ameresco. • It is understood and agreed that the Customer may be subject to laws and regulations which may require the Customer to alter the minimum or maximum temperature at any given time and Customer shall comply with the same. In the event that Ameresco reasonably believes that such a change in temperature affects the baseline and/or Ameresco's guarantee, the baseline and/or the guarantee will be equitably recalculated by Ameresco and approved in writing by the Customer, such approval not to be unreasonably withheld. Confidential & Proprietary Information of Ameresco, Inc. Page 54