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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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Shall endeavor to agree upon any mew EMS to he installed and may either amend this <br />Agreement or enter into a new agreement for the installation, financing and commissioning <br />of any such new 1 C1\ls. Nothing in this par>grtph shall obligate either pare to proceed with <br />installation of any ECM., which are not put of the original Scope of Services or evidenced by <br />execution of a Change Order. <br />(b) Should Ameresco encounter Subsurface or hitelit physical conditions at the Site which duffel' <br />materially from those indicated in the project documents or from those ordinarily encountered <br />and generally recognized as inherent in work of the character provided for in this Agreement, <br />Ameresco shall give written notice to the Customer before ash}' such condition is disturbed or <br />further disturbed. 'llhe Customer will promptly investigate and, if it is determined that the <br />conditions materially differ from those which Ameresco should reasonably have been <br />expected to discover or anticipate, the Customer shall either (a) approve Such chaugcs in the <br />Scope of Seizrices as arc necessarv, \cirh a corresponding adjustment in the Annual Guaranteed <br />Savings Amount: or (b) abandon the Project and terminate this .Agreement, prodded that <br />Costnner has paid to Ameresco Al au aunts title as set forth in Section =1 (including, without <br />limitation, pro -rota portions thereof accnied under Sections 4(b), fd) and Attachment I and <br />pursuant to any Change Order.) I f Such differing conditions cause an increase or decrease in <br />,Auuresco's cost or time of performance, and the parties agree upon a change in the Scope of <br />Services, the parties shall negotiate ap equitable adjustment to Amcresco's cost and /or time <br />for performance, as the case may be and a Change Order, Subject to approval by Customer's <br />Board of Public Works, shall be issued and executed by the Customer to reflect such <br />adltlStnent(s). <br />(C) if at any time prior to Substantial Completion of an FCNI, Ameresco determines that an F'ChI <br />is not conunercialh viable, Anheresco mav, at its option, remove Such BC \I from the Scope <br />of Services and from the Property. In such event, ,Ameresco shall refund to Customer the <br />portion of the Contract Cost attributable to Such ECM and the ,Annual Guaranteed Savings <br />Amount will be reduced by an amount equal to the portion of the Annual Guaranteed Savings <br />:Amount attributable to Such EC;\I. <br />(d) If Anuresco and the Customer agree to am adjustment of the Contract Cost and the contract <br />Schedule established for the Scope of Services, Such an agreement shall be effective <br />immediately upon execution of a Change Order. <br />SECTION 9 Warranties <br />Anicresco herebw agrees as follows: <br />(a) Auhcreseo warrants that the Work and all materials and equipment to be installed in the Project <br />Shill he free from defects, in materials and workmanship arising from momal usage on an <br />ECAI by F.CNI basis for a period of one (1) }ear from the (late of Substantial Completion of <br />such I?CBI. .Amy manufacturers' warranties which exceed this one (1) year period Shall be <br />assigned to Customer to the extent allowed by the manufacturer. This section does not apply <br />in Inv wu to the Savings Guarantee. <br />(b) FXCICPT AS PROVIDED IN THIS STC -11ON 9, AI\B -,Rl SCO 1\I.AKfiS NO <br />WARRANTllSS OR IW)R1iSE.N'1 A'I'IONS OF ANY KIND, W141" HF.It STATUPORY, <br />MUTFEN, OILAI, OR INWLIED, INCLUDING WITI POUT LIAIIT.ATION, <br />AC ARR:ANTIHS AS TO THE A'ALU ', DISIGN,:AND CONDi17ON OR FITNESS FOR <br />USI: OR PARTICULAR PURPOSE AND AIE1tCHAN1'ABILITY, REGARDING THE <br />10 <br />
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