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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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For purposes of this Savings Guarantee, the following assumptions and provisions shall apply: <br />(a) Ameresco guarantees that the Guaranteed Savings will be achieved by operation and <br />beneficial use of all ECh1s taken in the aggregate, but does not buarantee the savings <br />amount achieved by each ICM individually. <br />(b) The total savings achieved by the combined EClfs, determined as provider{ in the <br />M&V Plan, including any "Agreed Upon Savings" as such term is defined in the <br />M &V plan, shrill be deemed the total "Anna/ Savings ". Agreed Upon Savings <br />amounts shall be deemed achieved upon Substantial Completion of the ECIIS. <br />Calculation of the Annual Savings, inclusive of Agreed Upon Savings, shall be <br />performed under, and governed bv, the methods, formulas, and procedures described <br />in the Aleasurement and Verification Plan set forth in Attachment G (the "M &V <br />Plan "). <br />(c) As it relates to the Annual Savings and this Savings Guarantee, the term "Guarantee <br />3'ear" shall mean the consecutive twelve (12) month period beginning with the first <br />dap of the month following the date of Substantial Completion of the I ?Cl1s, and <br />each similar twelve (12) month period thereafter. <br />(d) Aneresco's obligations in respect of this Savings Guarantee are subject to Customer <br />performing all of its maintenance, repair, service and other obligations under this <br />Agreement, including, without limitation, maintenance of the Standards of Service. <br />and Comfort set forth in Attachment 1, if any, which mac affect achievement of the <br />Guaranteed Sayings. If Customer fails to perform its obligations under this <br />Agreement or interferes with, or permits any third party to take any action which; in <br />the reasonable opinion of Ameresco, may prevent the achievement of the Guaranteed <br />Sayings under this Agreement, Ameresco may, after providing Customer thirty (30) <br />clays advance notice, adjust the annual Sayings amount during the period in which <br />such sayings were affected to reflect the. impact such actions had on ,ante. <br />Ameresco's rights set forth herein-shall not be in limitation of any other rights it is <br />entitled to by law or under this Agreement. Any disputes regarding aehievemcnt of <br />Guaranteed Sayings or any M&V Report delivered pursuant to Attachment G shall <br />be resolved in accordance with the dispute resolution provisions of Section 13. <br />SECTION 7 Right of Entry /Space <br />Durius� the'1'erm of this agreement. Customer shall provide Ameresco and its employees, agents and <br />subcontractors reasonable access to the Property for sole the purpose of fulfilling Amcrescos <br />obligations under this Agreement. Customer shall provide rent free space for the installation and <br />operation of the ECM(s) and shall use its best efforts to protect such items and equipment in the sane <br />careful manner that Customer protects the Property <br />SECTION S Changes in Services <br />(a) The Scope of Sen-ices may be changed only by agreement of the Parties evidenced by <br />c.Neeution of a "Change Order" substantially in the form attached to this Agreement a, <br />Attachment ', including the quantity, quality, dimensions, h'pe or other characteristics of the <br />1`0\fs. During the Term hereof, either Customer or Ameresco may st ygest that other enerp' <br />efficiency measures and facilities be added to the Scope of Services, in which ease the parties <br />
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