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<br />13 <br /> <br />such liability shall be limited to an aggregate amount not to exceed the value of the system installed. This sum shall be paid <br />either as (i) liquidated damages and not as a penalty, or (ii) a limitation of liability agreed upon by the parties. No suit or <br />action shall be brought against VEREGY more than one (1) year after the accrual of the cause of action thereof. <br /> <br />ARTICLE 13 <br /> <br />ALLOCATION OF SECTION 179D DEDUCTION TO DESIGNER <br /> <br />13.1 CUSTOMER acknowledges and represents that the project site where VEREGY’s Work is to be performed and <br />all building and improvements located on the same are “government-owned buildings” as CUSTOMER is a political <br />subdivision and CUSTOMER owns said property, building and other improvements where the Work is to be performed. <br />CUSTOMER hereby allocates to VEREGY any and all Section 179D deductions for the Work. CUSTOMER further <br />acknowledges that VEREGY is the entity that has created and is primarily responsible for the technical specifications for <br />installation of energy efficient work at CUSTOMER’s commercial building property, as described herein. CUSTOMER <br />agrees to complete and execute the “Form for Allocation of Section 179D Deduction”, which is attached hereto as <br />Attachment I and incorporated herein by reference. CUSTOMER also agrees to participate in any analysis, inspection and/or <br />certification required by statute or otherwise deemed necessary by VEREGY to ensure that VEREGY receives the Section <br />179D deduction. <br /> <br />ARTICLE 14 <br /> <br />SUBSEQUENT PHASES OF WORK <br /> <br />14.1 Additions and modifications to this Agreement may be made upon the mutual agreement of both parties in writing. <br />The parties contemplate that such modifications may include but are not limited to the installation of additional <br />improvement measures, energy conservation measures, facility improvement measures and operational efficiency <br />improvements or furnishing of additional services within the identified facilities, as well as other facilities owned and <br />operated by the CUSTOMER. <br /> <br />If the Work is divided into phases or individual projects for which individual prices have been negotiated, then separate <br />Commencement Dates shall apply to each phase or individual project. These projects, modifications, and modifications to <br />the original scope of Work or Services and may be included as addendums to the Master Agreement.