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shall provide notice to Ameresco of its election to terminate no later than ninety (90) days in advance of the <br />end of the then current Guarantee Year. The termination shall become effective on the last day of said <br />Guarantee Year. The termination of this Agreement by Customer shall release Ameresco from its obligation to <br />provide maintenance, monitoring and training services after the effective date of termination, as well as its <br />obligation to provide the Savings Guarantee after the termination date; provided, however, that Customer is <br />responsible for payment for maintenance, monitoring and training services performed in accordance with the <br />terms of this Agreement prior to the termination date and Ameresco shall remain responsible for any Savings <br />Shortfall (as defined in Attachment C) payments due Customer prior to the date of termination. <br />SECTION 33 References <br />Unless otherwise stated, all references to a particular Attachment or to Attachments herein are to the <br />referenced Attachment or Attachments which are attached to this Agreement and all such referenced <br />Attachments are incorporated by reference within this Agreement. All references herein to a Section shall refer <br />to a Section of this Agreement unless this Agreement specifically provides otherwise. <br />IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have set their <br />hand on the date first written above with the intent to be legally bound. <br />CITY OF SOUTH BEND, INDIANA <br />BOARD OF PUBLIC WORKS <br />Elizabeth A. Maradik, President <br />Joseph R. Molnar, Vice President <br />P" � A&t <br />Gary A. Gilot, Member <br />Breana Micou, Member <br />Murray L. Miller, Member <br />ATTEST: <br />Madeline Hostetler, Acting Clerk <br />Date: July 22, 2025 <br />AMERESCO, INC. <br />Authorized and Required Signature <br />Name: Ron Haxton <br />Title: Senior Vice President <br />Confidential & Proprietary Information of Ameresco, Inc. Page 21 of 56 <br />