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03-23-15 Agenda. Packet & Committee Meeting Notice
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03-23-15 Agenda. Packet & Committee Meeting Notice
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4/23/2015 12:20:19 PM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
3/23/2015
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performing its services under this Agreement is likely to cause the disturbance of lead <br />paint in such a manner as to require Ameresco to provide any notification or take any <br />actions pursuant to mty federal, state or local lams, niles, or regtlations and Ameresco <br />notifies Customer of the same, Customer shall: (x) at its cost, cause the lead paint to <br />be lawfully removed, or otherwise abated in accordance «ith applicable lams, rules <br />and regulations; or (y) abandon the Project and terminate this Agreement. Under no <br />ciraunstances, shall Atneresco he required to perform services, which cause the <br />disturbance of lead paint. If lead paint materially affects the Project Schedule, <br />Ameresco. at its sole option, may demobilize and cease construction in the area <br />affected by the presence of lead paint until such time as Custoner has elected and <br />performs one of the options afforded Customer as described in this Subsection. If <br />Customer does not promptly take action as provided herein or notifies Anicresco that <br />it shall not take such action, Ameresco may, at its sole option, either remove the. <br />affected area from its Scope of Services (and make commensurate adjustments to the <br />rights and obligations of the parties) or agree with Customer to terminate this <br />Agreement in its entirety, which agreement shall not be unreasofablr withheld and <br />Customer shall be responsible for payment of the portion of Scope of Services <br />implemented prior to such termination. Customer shall be responsible for any and <br />all costs (including termination) incurred by Ameresco that relate to the presence of <br />lead paint. <br />(d) Compliance !A% LM: amucseo shall, at its expense, comply wyith and obtain all applicable <br />licenses and permits required by Feder,, state and local laws in connection with (i) the installation of <br />the 1-CNIs and (ii) the operation and /or maintenance of the l--:Clwls (to the extent that Ameresco agrees <br />to perform such operations and /or maintenance scn-ices). In the event that Annemsco cannot procure <br />ant such license or permir in light of a requirement that Customer is required to do so, the Parries shall <br />work jointly to obtain such permit or license. <br />(c) Taffies: Customer represents that it is a tax exempt entity and that it shall cooperate with <br />Ameresco and provide Anicresco with appropriate resale exemption documentation so that Ameresco <br />nay attempt to establish that it is not obligated to pav taxes, fees and assessments or other charges of <br />am• character wwhich may be imposed or incurred by any- governmental or public authorir- as an incident <br />to title to, or operation of the ECM(s) which would othem-isc be levied upon or in respect to said <br />interest component or of the HC1w'I(s). Customer shall have no liability for taxes measured by the net <br />income of Ameresco. <br />(f) Monitoring. Alcasurcmhcnt and Verification: To the extent provided for in Attachment G, <br />Anxrescn Will supply such ongoing monitoring, nu•asurcmcnt and verification serw•ices (the "M &V <br />Services ") described in Attachment G during the Term at a cost to Customer as sct forth in Section 4 <br />and Attachment 1. <br />(g) Duties Oblitrations and Responsibilities of Anicresco: <br />(i) All labor furnished under this Agreement shall be competent to perform the tasks <br />undertaken, all materials and equipment provided shall be new and of appropriate <br />quality and the completed work shall comply in all material respects with the <br />requirements of this Agreement. <br />(ii) Ameresco shall maintain the Project site in a reasonably clean condition during the <br />performance of the construction work. <br />(in) Anicresco shall regularly clean the Project site of all debris, trash and excess material <br />
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