GESC for Olive WTP Solar Proj No 124-050 - Ameresco

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installed hereunder, for the full replacement value thereof. Customer's Commercial General Liability insurance shall be primary for any property damage or bodily injury during the performance of the Work. Upon Substantial Completion of an ECM, Customer assumes all risk of loss of or damage to such ECM from any cause whatsoever. In the event of loss or damage to any equipment installed hereunder, Customer shall promptly notify Ameresco and promptly return the same to good repair with the proceeds of any insurance received to the cost of such repair or demand that Ameresco perform such repair, in which case Ameresco shall promptly do so for such compensation to which the Parties agree. If Customer determines that any of the ECM(s) are lost, stolen, confiscated, destroyed or damaged beyond repair, Customer shall replace the same with like equipment in good repair in a timely fashion under the circumstances. If at any time after the date of the Delivery and Acceptance Certificate and after Customer's complete payment to Ameresco in accordance with Subsection 4(a), as such amount may be modified from time to time in accordance with this Agreement, any fire, flood, other casualty, or condemnation renders a majority of the Property incapable of being occupied and renders the ECMs or the equipment installed hereunder inoperable and, in the case of a casualty, the affected portion of such ECMs or equipment is not reconstructed or restored within one hundred twenty (120) days from the date of such casualty, Ameresco and/or Customer may terminate this Agreement by delivery of a written notice to the other Party. Upon such termination, Customer shall pay Ameresco any amounts, or pro-rata portions thereof, under Subsections 4(b),, Idl and "e , Attachment I and any Change Order, which accrued prior to such termination. Ameresco may also make appropriate adjustments to the baseline or the Guaranteed Savings amount to reflect the impact of such casualty or condemnation, including corresponding revisions to the Attachments. (k) Internet and Networking: Customer shall install and maintain internet connectivity and pay all associated costs for the ECM(s) network connection or applicable energy management system communication systems. Ameresco may use Customer's internet connection and LAN for the purposes of any energy management system that may be included in the Scope of Work. Customer is responsible for securing the network. 0) Protection: Customer shall at all times act reasonably to protect the ECM(s) from loss or damage to the same extent and in the same manner in which it protects the Property. (m) Alteration: Except in cases of emergency, Customer shall not move, alter or change the ECM(s) in any way that may cause a reduction in the level of efficiency or savings generated by the ECM or the equipment installed hereunder without obtaining Ameresco's written approval, which shall not be unreasonably withheld. (n) Storage: Customer shall provide rent free space for Ameresco, or any of its subcontractors, to mobilize and store supplies, tools and equipment during installation of the ECM(s) as available pursuant to this Agreement for which such storage space may be required, with locking capacity acceptable to Ameresco. Only Ameresco or any of Ameresco's subcontractors, and Customer's assigned personnel shall have access to storage. (o) Fuel: Customer shall procure and pay for all energy, utilities and fuel for the operation of the Property. (p) Cooperation during Construction: Customer shall reasonably cooperate in relocating occupants, staff, personnel, furniture and equipment and taking such other actions as may be necessary by Customer in order to prepare space for work by Ameresco to enable Ameresco to timely perform its obligations hereunder. SECTION 11 Defaults (a) By Customer: Customer shall be in default under this Agreement upon the occurrence of any of the following: Confidential & Proprietary Information of Ameresco, Inc. Page 12 of 56