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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 13 of 54 <br />to mobilize and store supplies, tools and equipment during installation of the ECM(s) as available <br />pursuant to this Agreement for which such storage space may be required, with locking capacity <br />acceptable to Ameresco. Only Ameresco or any of Ameresco’s subcontractors, and Customer’s <br />assigned personnel shall have access to storage. <br />(o)Fuel: Customer shall procure and pay for all energy, utilities and fuel for the operation of the <br />Property. <br />SECTION 11 Defaults <br />(a)By Customer: Customer shall be in default under this Agreement upon the occurrence of any <br />of the following: <br />(i)Customer fails to pay when due any amount to be paid under this Agreement and <br />such failure continues for a period of five (5) business days after notice of overdue <br />payment is delivered by Ameresco to Customer; <br />(ii)any representation or warranty made by Customer in this Agreement or in any writing <br />delivered by Customer pursuant hereto proves at any time to have been false, <br />misleading or erroneous in any material respect as of the time when made; <br />(iii)Customer fails to perform any of its required duties or obligations under this <br />Agreement and fails to cure such failure and the effects of such failure within thirty <br />(30)days of receipt of written notice of default, unless such failures and effects cannot <br />be completely cured within thirty (30) days after said written notice, in which case a <br />default shall exist only if Customer does not commence and diligently pursue to <br />curesuch failures and effects as soon as practicable; <br />(iv)Customer enters receivership, or makes an assignment for the benefit of creditors, <br />whether voluntary or involuntary, or a petition is filed by or against Customer under <br />any bankruptcy, insolvency or similar law and such petition is not dismissed within <br />sixty (60) days; or <br />(v)Customer fails to cooperate in relocating occupants, staff, personnel, furniture and <br />equipment or to take such other actions as may be necessary by Customer in order to <br />prepare space for work by Ameresco as is reasonably requested by Ameresco in a <br />timely manner in order to allow the Scope of Services to be accomplished hereunder. <br />(b)By Ameresco: Ameresco shall be in default under this Agreement if Ameresco fails to perform <br />any of its material duties or obligations under this Agreement and fails to cure such failure or effects <br />of such failure within thirty (30) days of receipt of written notice of default, unless such failure or <br />effects of such failure cannot be completely cured within thirty (30) days after said written notice, in <br />which case a default shall exist only if Ameresco does not promptly commence and diligently pursue <br />to cure such failure as soon as practicable. <br />SECTION 12 Remedies for Default <br />If either Party defaults under this Agreement, the other Party may, subject to the dispute resolution <br />procedures in Section 13 below: <br />(a)bring actions for any remedies available at law or in equity or other appropriate proceedings <br />for the recovery of damages, including amounts past due; and <br />(b)with or without recourse to legal process, terminate this Agreement by delivering written
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