Laserfiche WebLink
SECTION 23 Notices <br />All notices, requests, demands, elections and other communications under this Agreement, other than <br />operational communications, shall be in writing and shall be deemed to have been duly given on the date when <br />hand -delivered, or on the date of the confirmed facsimile transmission, or on the date received when delivered <br />by courier that has a reliable system for tracking delivery, or six (6) business days after the date of mailing when <br />mailed by United States mail, registered or certified mail, return receipt requested, postage prepaid. All notices <br />shall be addressed to the following individuals: <br />(a) If to Customer: <br />City of South Bend <br />219 S. Saint Louis Boulevard <br />South Bend, IN 46617 <br />Attention: Jeff Jarneke <br />(b) If to Ameresco: <br />Ameresco, Inc. <br />111 Speen Street, Suite 410 <br />Framingham, MA 01701 <br />Attention: General Counsel <br />Email: dcorrsin@ameresco.com <br />With a Copy to: <br />legalnotices@ameresco.com <br />Either Party may from time to time change the individual(s) to receive notices and/or its address for notification <br />purposes by giving the other Party written notice as provided above. <br />SECTION 24 Records <br />To assist Ameresco in its performance of this Agreement, Customer shall (to the extent it has not already done <br />so) furnish (or cause its energy suppliers and transporters to furnish) to Ameresco, upon its request, accurate <br />and complete data (kept by Customer or Customer's energy suppliers and transporters in the regular course of <br />their respective businesses) concerning energy usage for the existing facilities at the Property, including the <br />following data for the most current thirty-six (36) month period: utility records, occupancy information; <br />descriptions of any changes in building structure or heating, cooling or other systems or energy requirements; <br />descriptions of all energy consuming or saving equipment used on Property; descriptions of all energy <br />management procedures presently utilized. If requested by Ameresco, Customer shall also provide any prior <br />energy analyses of the Property, to the extent available. <br />SECTION 25 Representations and Warranties <br />Each Party warrants and represents to the other Party that: <br />(a) it has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise, to execute <br />and deliver this Agreement and perform its obligations hereunder; <br />Confidential & Proprietary Information of Ameresco, Inc. Page 18 of 56 <br />