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Confidential & Proprietary Information of Ameresco, Inc. Page 4 of 54 <br />ATTACHMENT G MEASUREMENT AND VERIFICATION PLAN; <br />METHODOLOGY OF CALCULATING SAVINGS <br />ATTACHMENT H TRAINING <br />ATTACHMENT I MEASUREMENT AND VERIFICATION FEE SCHEDULE <br />ATTACHMENT J CUSTOMER’S MAINTENANCE RESPONSIBILITIES; <br />STANDARDS OF SERVICE AND COMFORT <br />ATTACHMENT K <br />CONTRACTOR’S NON-COLLUSION AND NON-DEBARMENT <br />AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH <br />IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- <br />DISCRIMINATION COMMITMENT AND CERTIFICATION OF <br />USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY <br />PRODUCTS <br /> ENERGY SERVICES AGREEMENT BY AND BETWEEN <br />CITY OF SOUTH BEND <br />AND <br />AMERESCO, INC. <br />THIS ENERGY SERVICES AGREEMENT (the “Agreement”) is entered into on <br />, 2021, by and between City of South Bend having its principal place of <br />business located at 219 South Saint Louis Boulevard, South Bend, IN 46617 (hereinafter <br />referred to as “Customer”) and Ameresco, Inc., having its principal place of business at 111 Speen <br />Street, Suite 410, Framingham, MA 01701 (hereinafter referred to as “Ameresco”). The parties to <br />this Agreement shall be collectively referred to as the “Parties ” and individually as a “Party .” <br />WHEREAS, Customer issued a Request for Proposals submitted on March 14, 2014 (the “RFP <br />”) seeking proposals from qualified energy service companies to provide performance-based <br />services for the design and execution of an energy consumption reduction plan including <br />acceptance of payment for such services via guaranteed cost savings accrued as a result of plan <br />implementation; <br />WHEREAS, Ameresco has prepared and issued a Proposal to Customer, in response to the RFP; <br />WHEREAS, Customer wishes Ameresco to perform a project (“Project”), in phases, consisting <br />of certain energy conservation services and installations as set forth on Attachment B (as amended <br />and/or otherwise modified from time to time as provided herein, the “Scope of Services ”) at <br />Customer’s facilities described in Attachment A (the “Property ”), and Ameresco wishes to <br />perform such services; and <br />WHEREAS, Customer owns and controls the Property. <br />NOW, THEREFORE, in consideration of the covenants, representations, warranties, and <br />mutual promises and agreements contained herein, and other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: <br />SECTION 1 Scope of Services <br />(a)Work: Upon Ameresco’s receipt of a “Notice To Proceed,” substantially in the form <br />October 26