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Confidential & Proprietary Information of Ameresco, Inc. <br />Page 53 of 54 <br />ATTACHMENT J <br />CUSTOMER’S MAINTENANCE RESPONSIBILITIES; <br />STANDARDS OF SERVICE AND COMFORT <br />SECTION 1. CUSTOMER’S MAINTENANCE RESPONSIBILITIES <br />Customer, at its own expense, will keep and maintain, or cause to be kept and maintained, the ECMs <br />and all equipment in as good operating condition as when delivered to the Customer hereunder, <br />ordinary wear and tear resulting from proper use thereof alone excepted, and will provide maintenance <br />and service and make all repairs necessary for such purpose. Responsibility for the proper <br />maintenance, service, repair and adjustments to each ECM, ECM system and related ancillary systems <br />and equipment, including related expenses, shall transfer to the Customer on an ECM by ECM basis <br />on the date of “Substantial Completion” of each ECM as such date is determined in accordance with <br />the definition of Substantial Completion set forth in Section 1 of the Agreement. The Customer will <br />be responsible for such maintenance, service, repair and adjustments for the remainder of the Term. <br />Operation and Maintenance Manuals (O&M Manuals) will be provided to the Customer, by the ESCO. <br />Included with the O&M manuals will be a list of maintenance responsibilities and tasks for the <br />Customer. <br />Start-up and Shutdown: The Customer’s responsibilities include all system start-ups and shut-downs. <br />System start-up (beginning of season) and shut-down (end of season) refers to specific manufacturer <br />recommendations with respect to “proper” system start-up, operation, maintenance, and shut-down <br />as defined in the manufacturer’s installation / operation / maintenance (O&M) manuals which will be <br />provided to the Customer upon Substantial Completion and / or Delivery and Acceptance, as <br />appropriate. <br />Operations: The Customer shall operate the equipment installed hereunder in accordance with <br />parameters noted in the manufacturers’ recommendations, and any supplemental procedures supplied <br />to the Customer by ESCO, including those set forth in the O&M manuals. The Customer shall also <br />operate the equipment and systems (including ancillary related systems) in accordance with Section 2 <br />below, Standards of Comfort. <br />Maintenance: The Customer’s maintenance responsibilities include the proper operation and prompt <br />repair and maintenance of each ECM, ECM system and related ancillary systems and equipment such <br />that they are maintained in good working order during the Term. The Customer shall repair and <br />maintain (i) the equipment and all other components which comprise the ECM and (ii) all other <br />equipment which is attached thereto and/or is integral to the proper functioning of the ECM, including <br />performance of the maintenance tasks, manufacturer’s recommendations and supplemental procedures <br />included in the O&M Manuals. Maintenance also refers to performing required maintenance of <br />ancillary systems. <br />In addition to any of its other obligations under this Agreement, Customer agrees to operate and maintain <br />all ECM’s to the standards set forth in this Attachment J. Deviation from these standards may result in <br />adjustments to the Baseline, the Guaranteed Savings or the determination of Annual Savings.