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

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