03-23-15 Agenda. Packet & Committee Meeting Notice

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performing its services under this Agreement is likely to cause the disturbance of lead paint in such a manner as to require Ameresco to provide any notification or take any actions pursuant to mty federal, state or local lams, niles, or regtlations and Ameresco notifies Customer of the same, Customer shall: (x) at its cost, cause the lead paint to be lawfully removed, or otherwise abated in accordance «ith applicable lams, rules and regulations; or (y) abandon the Project and terminate this Agreement. Under no ciraunstances, shall Atneresco he required to perform services, which cause the disturbance of lead paint. If lead paint materially affects the Project Schedule, Ameresco. at its sole option, may demobilize and cease construction in the area affected by the presence of lead paint until such time as Custoner has elected and performs one of the options afforded Customer as described in this Subsection. If Customer does not promptly take action as provided herein or notifies Anicresco that it shall not take such action, Ameresco may, at its sole option, either remove the. affected area from its Scope of Services (and make commensurate adjustments to the rights and obligations of the parties) or agree with Customer to terminate this Agreement in its entirety, which agreement shall not be unreasofablr withheld and Customer shall be responsible for payment of the portion of Scope of Services implemented prior to such termination. Customer shall be responsible for any and all costs (including termination) incurred by Ameresco that relate to the presence of lead paint. (d) Compliance !A% LM: amucseo shall, at its expense, comply wyith and obtain all applicable licenses and permits required by Feder,, state and local laws in connection with (i) the installation of the 1-CNIs and (ii) the operation and /or maintenance of the l--:Clwls (to the extent that Ameresco agrees to perform such operations and /or maintenance scn-ices). In the event that Annemsco cannot procure ant such license or permir in light of a requirement that Customer is required to do so, the Parries shall work jointly to obtain such permit or license. (c) Taffies: Customer represents that it is a tax exempt entity and that it shall cooperate with Ameresco and provide Anicresco with appropriate resale exemption documentation so that Ameresco nay attempt to establish that it is not obligated to pav taxes, fees and assessments or other charges of am• character wwhich may be imposed or incurred by any- governmental or public authorir- as an incident to title to, or operation of the ECM(s) which would othem-isc be levied upon or in respect to said interest component or of the HC1w'I(s). Customer shall have no liability for taxes measured by the net income of Ameresco. (f) Monitoring. Alcasurcmhcnt and Verification: To the extent provided for in Attachment G, Anxrescn Will supply such ongoing monitoring, nu•asurcmcnt and verification serw•ices (the "M &V Services ") described in Attachment G during the Term at a cost to Customer as sct forth in Section 4 and Attachment 1. (g) Duties Oblitrations and Responsibilities of Anicresco: (i) All labor furnished under this Agreement shall be competent to perform the tasks undertaken, all materials and equipment provided shall be new and of appropriate quality and the completed work shall comply in all material respects with the requirements of this Agreement. (ii) Ameresco shall maintain the Project site in a reasonably clean condition during the performance of the construction work. (in) Anicresco shall regularly clean the Project site of all debris, trash and excess material