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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 10 of 54 <br />During the Term of this Agreement, Customer shall provide Ameresco and its employees, agents and <br />subcontractors access to the Property for the purpose of fulfilling Ameresco’s obligations under this <br />Agreement. Customer shall provide rent free space for the installation and operation of the ECM(s) <br />and shall protect such items and equipment in the same careful manner that Customer protects the <br />Property. <br />SECTION 8 Changes in Services <br />(a)The Scope of Services may be changed only by agreement of the Parties evidenced by <br />execution of a “Change Order” substantially in the form attached to this Agreement as <br />Attachment F, including the quantity, quality, dimensions, type or other characteristics of the <br />ECMs. During the Term hereof, either Customer or Ameresco may suggest that other energy <br />efficiency measures and facilities be added to the Scope of Services, in which case the Parties <br />shall endeavor to agree upon any new ECMs to be installed and may either amend this <br />Agreement or execute a Change Order for the installation, financing and commissioning of <br />any such new ECMs. Nothing in this paragraph shall obligate either Party to proceed with <br />installation of any ECMs which are not part of the original Scope of Services or evidenced by <br />execution of an amendment or a Change Order. <br />(b)Should Ameresco encounter subsurface or latent physical conditions at the site which differ <br />materially from those indicated in the Scope of Services or from those ordinarily encountered <br />and generally recognized as inherent in work of the character provided for in this Agreement, <br />Ameresco shall give written notice to Customer before any such condition is disturbed or <br />further disturbed. Customer will promptly investigate and, if it is determined that the <br />conditions materially differ from those which Ameresco should reasonably have been <br />expected to discover or anticipate, Customer shall either (a) approve such changes in the Scope <br />of Services as are necessary, with a corresponding adjustment in the Guaranteed Savings <br />amount; or (b) abandon the Project and terminate this Agreement, provided that Customer <br />has paid to Ameresco all amounts due as set forth in Section 4 (including, without limitation, <br />pro-rata portions thereof accrued under Subsections 4(b), (d), (e) and Attachment I and <br />pursuant to any Change Order). If such differing conditions cause an increase or decrease in <br />Ameresco’s cost or time of performance, and the Parties agree upon a change in the Scope of <br />Services, the Parties shall negotiate an equitable adjustment to Ameresco’s cost and/or time <br />for performance, as the case may be and a Change Order shall be issued and executed by <br />Customer to reflect such adjustment(s). <br />(c)If at any time prior to Substantial Completion of an ECM, Ameresco determines that an ECM <br />is not commercially viable, Ameresco may, at its option, remove such ECM from the Scope <br />of Services and from the Property. In such event, Ameresco shall refund to Customer the <br />portion of the Contract Cost attributable to such ECM and the Guaranteed Savings amount <br />will be reduced by an amount equal to the portion of the Guaranteed Savings amount <br />attributable to such ECM. <br />(d)If Ameresco and Customer agree to an adjustment of the Contract Cost and the Project <br />schedule established for the Scope of Services, such an agreement shall be effective <br />immediately upon execution of a Change Order. <br />SECTION 9 Warranties <br />Ameresco hereby agrees as follows: <br />(a)Ameresco warrants that the Work and all materials and equipment to be installed in the Project <br />shall be free from defects in materials and workmanship arising from normal usage on an ECM by
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