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<br />26 <br /> <br />ATTACHMENT D: ENERGY GUARANTEE <br /> <br /> <br /> <br />1. DEFINITIONS <br /> <br />When used in this Agreement, the following capitalized words shall have the meanings ascribed to them below: <br /> <br />“Avoided Energy Costs” are the avoided costs calculated by multiplying the Energy Savings by the Energy Rates as established <br />in Attachment E. These rates are established based on current billing and/or rate schedules as applicable. Future rates may vary <br />from the rates identified in Attachment E. Avoided Energy Cost may also include, but are not limited to, Savings from power <br />factor correction, taxes, ratchet charges, rate changes and other utility tariff charges that are reduced as a result of the VEREGY <br />involvement. <br /> <br />“Avoided Operational Costs” is defined as the reduction in Operational Costs achieved as a result of the implementation of the <br />Retrofit. These savings are as agreed to between VEREGY and CUSTOMER, and as such are not verified. Avoided Operational <br />Costs, if any, are shown in Attachment E. <br /> <br />“Avoided Related Capital Expenditure Costs” is defined as planned or budgeted expenses for the replacement of systems or <br />equipment that would have occurred had the Work not been performed and are agreed to between VEREGY and CUSTOMER. <br />These savings are as agreed to between VEREGY and CUSTOMER, and as such are not verified. Avoided Related Capital <br />Expenditure Costs, if any, are shown in Attachment E. <br /> <br />"Baseline Period" is the defined period of time chosen to represent the Facilities' operations and energy use prior to the <br />implementation of the Energy Conservation Measures. <br /> <br />"Baseline Period Energy Use or Demand" is the energy consumption or demand by a piece of equipment or a site occurring <br />during the Baseline Period without adjustments. Baseline physical conditions, such as equipment counts, nameplate date, and <br />control strategies, will typically be determined through surveys, inspections, and/or metering at the site. <br /> <br />“Commissioning Period” refers to the period between Final Completion and Final Retrofit Acceptance as defined herein. This <br />period will be used to “fine tune” and adjust each system to perform the energy and operational savings as designated in <br />Attachment E. This period is a minimum of 12 months unless specifically agreed upon otherwise in this Agreement. This <br />period can be extended beyond 12 months at the mutual Agreement of VEREGY and CUSTOMER. <br /> <br />"Energy Use and Operational Cost Avoidance Guarantee Practices" are those practices identified in Attachment E, <br />intended to achieve Energy Savings, resulting Avoided Energy Costs, and/or Avoided Operational Costs. <br /> <br />"Energy Costs” may include the cost of electricity and fuels to operate HVAC equipment, Facility mechanical and lighting <br />systems, and energy management systems, and the cost of water and sewer usage, as applicable. <br /> <br />"Energy Conservation Measure (ECM)” is the installation of equipment or systems, or modification of equipment or <br />systems as described in Attachment A. <br /> <br />“Energy Rates” are Energy Costs per unit of energy. <br /> <br />"Energy Savings” is the reduction in energy use or demand as relative to the energy use or demand identified during the Baseline <br />Period. This equates to (Baseline Period Energy) – (Reporting Period Energy) ± Adjustments. This also includes energy <br />production from systems such as photovoltaic systems, wind turbines, etc. <br /> <br />"Facilities" shall mean those buildings where the energy use and operational cost savings will be realized. <br /> <br />"F.E.M.P." shall mean the Federal Energy Management Program of the U.S. Department of Energy and its Measurement and <br />Verification Guidelines for Federal Energy Projects (November 2015, or later versions). The F.E.M.P. guidelines classify <br />measurement and verification approaches as Option A, Option B, Option C, and Option D. The F.E.M.P. guidelines are based <br />on the International Performance Measurement and Verification Protocol (I.P.M.V.P.) and were written to be fully consistent <br />with it. It is intended to be used by Federal procurement teams consisting of contracting and technical specialists. The focus of <br />F.E.M.P. guidelines is on choosing the M&V option and method most appropriate for specific projects.