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