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Resolution No 35-2021 - Ameresco Inc. Qualified Provider Approval Guaranteed Energy Savings Contract Morris
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Resolution No 35-2021 - Ameresco Inc. Qualified Provider Approval Guaranteed Energy Savings Contract Morris
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Confidential & Proprietary Information of Ameresco, Inc. Page 7 of 54 <br />(i)All labor furnished under this Agreement shall be competent to perform the tasks <br />undertaken, all materials and equipment provided shall be new and of appropriate, <br />reasonably good quality and the completed work shall comply in all material <br />respects with therequirements of this Agreement. <br />(ii)Ameresco shall maintain the Project site in a reasonably clean condition during the <br />performance of the Scope of Services. <br />(i)Ameresco shall regularly clean the Project site of all debris, trash and excess material <br />or equipment generated by Ameresco’s construction work hereunder. <br />(ii)Ameresco shall permit Customer or any of its representatives to enter upon the <br />Project site to review or inspect construction work, provided, in each case, Customer <br />and/or its representatives coordinate such review or inspection with Ameresco and <br />agree to comply with all applicable federal, state and local safety laws, rules and <br />regulations, including, without limitation, those promulgated by the U.S. Department <br />of Labor Occupational Safety & Health Administration. <br />(iii)Ameresco shall provide equipment manuals, as-built drawings and other appropriate <br />information regarding equipment installed hereunder to Customer at or about the <br />time of delivery of the Delivery and Acceptance Certificate (as provided in Section 4). <br />(iv)Ameresco shall provide the training described in Attachment H. Such training is <br />included in the Contract Cost, as such term is defined in Section 4, unless included as <br />a separate cost in Attachment I. <br />(h)Customer Cooperation During Construction: Customer shall reasonably cooperate in <br />relocating occupants, staff, personnel, furniture and equipment and taking such other actions as may <br />be necessary by Customer in order to prepare space for work by Ameresco to enable Ameresco to <br />timely perform its obligations hereunder. <br />SECTION 2 Ownership of ECM(s) <br />Ownership and title to each ECM or portion thereof, as applicable, shall automatically pass to <br />Customer upon Ameresco’s receipt of both (i) the executed Substantial Completion Certificate <br />(Attachment D(3)), or each Percent Complete Acknowledgement Certificate (Attachment D(2)), <br />(including Customer payment certification) delivered pursuant to Section 4 for such ECM or portion <br />thereof, and (ii) the indefeasible payment in full of all of Customer’s payment obligations to Ameresco <br />pursuant to such Substantial Completion Certificate or Percent Complete Acknowledgement <br />Certificate for such installed ECM or portion thereof. Prior to satisfaction of the conditions set forth <br />in (i) and (ii) in the previous sentence with respect to an ECM or portion thereof, title to each ECM <br />or portion thereof shall remain in the name of Ameresco. If, notwithstanding the intent of the Parties, <br />Customer is deemed to hold title to any or all of the ECMs or portion thereof prior to the satisfaction <br />of the conditions set forth in (i) and (ii) above, as security for the payment in full of Customer’s <br />obligations with respect to each such ECM or portion thereof, Customer hereby assigns, transfers and <br />grants to Ameresco a security interest in such ECMs. Customer hereby authorizes Ameresco to file, <br />from time to time, Uniform Commercial Code financing statements in such jurisdictions as may be <br />necessary to perfect and maintain its security interest in such ECMs. If requested by Ameresco, <br />Customer agrees to execute and deliver all further instruments and documents and take all further <br />action that may be necessary in order to create, perfect and protect Ameresco’s security interest in the <br />ECMs and hereby irrevocably appoints Ameresco as Customer’s attorney-in-fact with full power to <br />sign such instruments and documents. Upon delivery of the Substantial Completion Certificate and <br />satisfaction of clause (ii) above for each ECM, Ameresco’s interest in the related ECMs shall be released
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