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(b) Standards of Service and Comfort: Customer shall operate the ECMs and the Property in a manner
<br />that shall provide the Standards of Service and Comfort provided for in Attachment 1.
<br />(c) Maintenance: Customer shall, at its expense, repair, operate and maintain the Property in good working
<br />condition during the Term of this Agreement. Customer shall maintain, repair and operate, at Customer's
<br />expense: (i) all equipment and other components included as part of the ECMs, and (ii) all other equipment
<br />which is attached thereto and/or is integral to the proper functioning of the ECMs.
<br />(d) Malfunctions: During the Term and throughout the warranty period, Customer shall notify Ameresco
<br />immediately in the event of any malfunction in the operation of the ECM(s) or the equipment installed
<br />hereunder.
<br />(e) Protection of ECMs: Except in the case of emergency, Customer shall not remove, move, alter, turn
<br />off or otherwise significantly alter the operation of the equipment installed hereunder or the operation of the
<br />ECMs, or any individual part thereof, without the prior approval of Ameresco, which approval shall not be
<br />unreasonably withheld. After receiving Ameresco's written approval, Customer shall proceed as instructed.
<br />Customer shall act reasonably to protect the ECMs from damage or loss, if, due to an emergency; it is not
<br />reasonable to notify Ameresco before acting. Customer agrees to protect and preserve the facility envelope
<br />and the operating condition of all ECMs, mechanical systems, and other energy consuming systems located
<br />on the Property.
<br />(f) Monitoring System: Customer shall not move, modify or otherwise alter the energy management
<br />system/building automation system (EMS/BAS), temporary data loggers, or any other data collection or
<br />measurement and verification system (collectively, the "Monitoring System") installed as part of the ECM(s)
<br />or any component thereof without the written consent of Ameresco unless such action is in accordance with
<br />operating manuals and procedures provided by Ameresco.
<br />(g) Adjustment to Baseline: If, in the reasonable opinion of Ameresco, Customer does not reasonably
<br />operate, maintain, repair or otherwise protect the ECMs and/or maintain the Property in good repair and good
<br />working condition, then Ameresco may equitably adjust the baseline, as referenced in Attachment G, for any
<br />increased energy usages at the Property.
<br />(h) Changes to Proper or Addition of Equipment: Customer shall notify Ameresco in writing at least
<br />thirty (30) days prior to making any changes to the Property that could reasonably be expected to affect the
<br />energy usage on the Property, such as changes in the hours or days or time of year that the Property is occupied
<br />or operated, the number of occupants, the activity conducted, the equipment, the facilities, the size of the
<br />Property etc. Customer shall also notify Ameresco regarding material increases over time in numbers and usage
<br />of "plug in" devices such as computers and printers. If Ameresco receives such notification or otherwise
<br />determines that such a change has occurred, it may make appropriate revisions to the Attachments to reflect
<br />any adjustment to the baseline or the Guaranteed Savings amount. Ameresco may also make retroactive
<br />adjustments to the baseline or calculation of Annual Savings if Customer has not provided timely notice and
<br />any payments shall be retroactively reconciled to reflect the changed baseline.
<br />(i) EnerrQv Usage Data: Customer shall make available to Ameresco, on an ongoing basis for the Term of
<br />this Agreement, copies of all energy bills, energy usage data, and any and all other such data maintained by
<br />Customer, including remote access to the Monitoring System or Customer's network server for purposes of
<br />collecting such data, as may be requested by Ameresco, which are required for it to perform all of its obligations
<br />under this Agreement.
<br />(j) Insurance and Risk of Loss or Damage: Without limiting any of its obligations or liabilities under this
<br />Agreement, Customer shall, at its expense, provide and maintain at all times during the Term of this Agreement,
<br />sufficient insurance against the loss, theft of or damage to the ECM(s), related equipment, and all equipment
<br />Confidential & Proprietary Information of Ameresco, Inc. Page 11 of 56
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