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

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If at any time during the Term of the Agreement additional space Is planned to be occupied or is occupied or planned to be vacated or is vacated, Ameresco will, if reasonably possible, meter consumption of all energy by the space In question and make appropriate upward or downward adjustments, with the written approval of the Customer, such approval not to be unreasonably withheld, to the Baseline according to these meter readings. Customer shall notify Ameresco at least ninety (90) days in advance of such changes and if possible six (6) months in advance for space which Is to be vacated. If metering is not possible or Customer desires not to bear the costs of such, then the adjustments to the Baseline will be appropriately adjusted as the Parties may mutually agree in writing. In the event that Customer or persons using the sites add or remove energy consuming devices (including, but not limited to, vending machines, dryers, kilns, computers, printers and other electronic or fossil fuel consuming devices), or change the use of existing devices, which materially increase or decrease energy usage, Customer will Inform Ameresco by written notice within thirty (30) days of becoming aware thereof, as to any such changes which could result, in aggregate or over time, In a change of total annual energy savings hereunder (collectively "Material Change"). Within a reasonable period of time following Ameresco's receipt of any such written notice from Customer regarding a Material Change, or within a reasonable period of time after Ameresco's learning of a Material Change by Ameresco's monitoring or other means, Ameresco shall equitably recalculate the baseline and provide to Customer such recalculation for its written approval (such approval not to be unreasonably withheld), showing Ameresco's modification of the baseline to reflect such a Material Change. Ameresco and the Customer agree to discuss such smaller changes on an annual basis and determine whether an adjustment to the baseline is required. Where Customer fails to inform Ameresco of any such change in the baseline, Ameresco may make retroactive adjustments to the baseline, subject to Customer's written approval (such approval not to be unreasonably withheld). Operations & Maintenance. In the event Customer does not properly maintain and operate equipment, savings attributable to the effected equipment shall be excluded from the guaranteed savings amount and the energy savings calculations until equipment is restored to proper condition and operations. Date adjustment of utility bills. Utility bills frequently span two months. In the event utility bills are utilized for any analysis for this project, Ameresco reserves the right to date - adjust the bills. Date adjustment will be performed by dividing the billed consumption by the number of days covered. The number of days in each month will be multiplied by the average daily consumption. The total monthly consumption will be the sum of this calculation of both bills spanning that month. Utility bills are in no way to be used as a basis for Measurement and Verification for this project. The Measurement and Verification will follow the plan outlined in this document. In the event utility bills are used for an external analysis for this project, the following describes processes to be used to account for variables beyond Ameresco's control. The primary variables impacting the utility consumption are described below as well as the method that Ameresco shall use to determine baseline adjustments upon discovery of deviation of any of these variables. o Shared Usage: In the event that energy usage in separate buildings utilizes a common meter, any analysis of the utility data will include an assessment of all factors affecting all buildings served by each meter. Sub metering of combined usage is not included in the project. o Weather: Metered electricity or natural gas consumption may or may not be affected by weather differences from year to year. In the event a correlation exists between usage and weather data, Ameresco will utilize the following process to make adjustments to the baseline. In the event that Ameresco determines the actual heating degree days to be greater than the baseline heating degree days, Ameresco shall adjust Confidential & Proprietary Information of Ameresco, Inc. Page 55