Contract - Guaranteed Energy Savings Proj No 124-015 - Veregy

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53 Acts of God, etc.) f) Any and all other items not specified in this scope. 7. INSURANCE a) At all times relevant to this Agreement, Operator shall maintain (and shall cause its independent subcontractors to maintain), with a company or companies licensed or qualified to do business in the state in which the Site is located and rated A / VIII or above by A.M. Best, the following insurance coverage: 1. Workers’ compensation insurance in compliance with appropriate federal and state laws of the state in which the Site is located, and employer’s liability insurance with a limit of not less than $1,000,000 per accident or disease for each employee; 2. Commercial general liability insurance, occurrence form, including, but not limited to, contractual coverage for all of the provisions or this Agreement, with limits of not less than $2,000,000 per occurrence and in the aggregate, $2,000,000 products and completed operations aggregate; and $1,000,000 personal injury and advertising injury per offense; 3. Automobile liability insurance, including vehicles owned, hired and non-owned, with a combined single limit of not less than $1,000,000 per accident; 4. Excess liability insurance, umbrella form, shall carry coverage in excess of the limits provided for in the above policies (except workers compensation and employers liability insurance), with a limit of not less than $5,000,000. 8. SERVICES TERM SUMMARY: a) Services will be implemented for a term of: 5 YEARS b) The Service shall start at the beginning of the First Guarantee Year. The Year 1 Service Fee is Four Thousand One Hundred Dollars ($4,100). c) The annual Service Fee shall start on the first day of the first Guarantee Year. The annual Service Fee will be invoiced at the beginning of each Guarantee Year, and all payments under this agreement will be due and payable within thirty (30) calendar days from date of invoice (i.e. Net 30). The O&M Services Agreement will automatically renew each year with a 2.5% escalation. See chart below for full schedule: 9. SERVICE OPT OUT: If CUSTOMER opts out of the service contract outlined in 1-8 above at any time. a) Customer shall notify Veregy of its desire to cancel the O&M Agreement in writing within 15 days of receiving the invoice for the following Guarantee Year. b) Future payments as well as associated service will be cancelled. c) If there is any unexpected degradation in the solar production that can be attributed to lack of proper maintenance, the cancellation of O&M service shall be accompanied by cancellation of Measurement and Verification services outlined in Attachment K, section 3.3. d) The CUSTOMER may request service of the array as needed and will be billed at the “Hourly Rate Schedule” shown in the table below, which is subject to the terms listed underneath the table.