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 45 of 54 Ameresco receives or obtains Customer’s available energy usage data for the Guarantee Year in question, if requested. The Guarantee Reconciliation will set forth the calculation of the cumulative Annual Savings achieved in relation to the cumulative Guaranteed Savings for the period being reconciled. The M&V Services will be performed and an M&V Report delivered for Guarantee Years 1 through 20 of the Guarantee Period. By written notice to Ameresco provided no later than ninety (90) days after the commencement of any subsequent and consecutive Guarantee Year, Customer, in its sole discretion, may elect to discontinue the M&V Services. If the Customer does elect to discontinue the M&V Services within the stated timeframe, the Guaranteed Savings will be deemed achieved for the balance of the Guarantee Period and no further M&V Services will be performed. The Guaranteed Savings will be deemed achieved for each year for which M&V Services are not required to be performed. The Customer must pay the stated M&V fee listed in Attachment I in advance of each given year for the M&V Services to be provided as required by the Section 4(d) of the ESA. Failure to pay the M&V Services fee when due on an annual basis will result in termination of the M&V Services, and the Guaranteed Savings shall be deemed achieved for each Guarantee Year for which payment was not made and for the balance of the Guarantee Period. In the event of early termination of this Agreement or of the M&V Services, unless termination is effective on the last day of the Guarantee Year then in effect, no annual M&V Report will be produced for the Guarantee Year then in effect, and the Guaranteed Savings shall be deemed achieved for the Guarantee Year then in effect and for the balance of the Guarantee Period. Routine and Non-Routine Adjustments to the Baseline This Attachment G: Savings Measurement and Verification Plan describes the specific measurement and verification plan for each energy conservation measure. Contained within each plan are the calculation formulas for determining energy savings, including adjustments to the energy baseline during the M&V Term to address routine and non-routine adjustments. Baseline adjustments for routine and non-routine adjustments are discussed below: Routine Adjustments Routine adjustments are changes to the baseline energy consumption due to factors which are both significant to the energy consumption and vary predictably. Factors resulting in routine adjustments include, but are not limited to, weather, building temperature setpoint, hours of operation, and number of occupants. Routine adjustments, if required according to the respective measurement and verification plan, will be performed annually and will affect the Guarantee Period in which the adjustment occurs only, and will not be continued into later Guarantee Periods. If routine adjustments result in a reduction of energy savings and are beyond the control of Ameresco, the value of the Savings Guarantee will be reduced by the magnitude of the routine adjustment. Non-Routine Adjustments Non-routine adjustments are changes to the baseline energy consumption due to factors that are significant to the energy consumption but do not vary predictably. Factors resulting in non-routine adjustments include, but are not limited to, additions or reductions to the area of a building, changes to the use of a building, installation, modification, or replacement of equipment, and changes to the building envelope. Non-routine adjustments, if required according to the respective measurement and verification plan, will be performed once and will be affective for the remainder of the Guarantee Period. If non-routine adjustments result in a reduction of energy savings and are beyond the control of Ameresco, the value of the Savings Guarantee will be reduced by the magnitude of the routine adjustment.