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

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WORK, THE ECM(,) OR THE EQUIPMENT'. SECTION 10 Customer's Responsibilities (a) Operations: Customer shall operate all equipment installed hereunder in accordance with the manufacturer's recommendations and the manuals supplied to Customer by Ameresco. (b) Standards of Service and Comfort: Customer shall operate the ECA -1s and the Property in a manner that shall Provide the Standards of Service and Comfort provided for in Attachment I. (c) Maintenance: Customer shall, at its expense, repair, operate and maintain the Property in good working condition during the Term of this Agrceincut. Customer shall maintain, repair and operated, at Customer's expense: (i) all equipment and other components included as part of the ECMs, and (ii) all other equipment which is attached thereto and /or is integral to the proper functioning of the FC1\1s. (d) Malfunctions: Customer shall notify Ameresco immediately in the event of any malfunction in the operation of the 13CI I(s) or the equipment installed hereunder. To the extent the malfunction occurs during the warranty period set forth in Section 9, within ten (10) business daws after notification, Ameresco shall use its best efforts to provide Customer with an action plan to assist Customer in correcting the malfunction. To the extent the malfunction occurs outside the warranty period set forth in Section 9, but during a Guarantee Year for .which Ameresco is providing ;\ &V Services, Ameresco shall use reasonable efforts to respond to Customer's request for a consultation within five business (5) days following notification. Any costs to correct or remediate a malfunction that occurs outside the warranty period shall be borne by Customer. (c•) Protection of E( h1s: L••xcept in the case of emergency, Customer shall not remove, move, alter, turn tiff or otherwise significantly alter the operation of the equipment installed hereunder or the operation of the ECMs, or any individual part thereof, without the prior approval of Ameresco, which approval shall not be unreasonably withheld. After receiving Anteresco's written approval, Customer shall proceed as instructed Customer shall act rcasombh to protect the 7 ?G is from damage or loss, iF due to an emergency; it is not reasonable to notify Ameresco before acting. Customer agrees to protect and preserve the facility envelope and the operating condition of all F. mechanical systems, and other e•.nergy consuming systems located on the Property'. (f) Monitoring System: Customer shall not move, modify or otherwise alter the energy management system /building automation system (HMS /I3AS), temporary data loggers, ()rally other data collection or measurement and verification scstent (collectively, the "Monitoring system') installed as part of tile ECM(s) or ant component thereof without the written einsent of Ameresco unless such action is in accordance With operating manuals and procedures provided by Ameresco. (g) Adittsmtent to Baseline: If, it) the reasonable opinion of Ameresco, Customer does not reasonably operate, maintain, repair or otherwise protect the 1CMs and /or maintain the Property' in good repair and good working condition, then Ameresco may equitably adjust the baseline, as referenced in Attachment G, for any increased energy usages at the Property. (h) ChanT *cs *es to Property or Addition of Equipment: Customer shall notify Ameresco in writing at least thirty (30) lots prior to staking any changes to the Property' that could reasonably be