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

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expected to affect the encim usage oil the Property, such as changes in the hours or daps or time of year that Tile Property, is occupied or operated, the number of occupants, the activity conducted, the equipment, the facilities, the size of the Property etc. Customer shall also notify Anteresco regarding material increases over time in numbers and usage of "plug in" devices such as computers and printers. If Ameresco receives such notification or otherwise detetntitm that such a change has occurred, it may make appropriate revisions to the Attachments to reflect any adjustment to the baseline or the Annual Guaranteed Savings Amount. Ameresco may also make retroactive adjustments to the baseline or calculation of Annual Savings if Customer has not provided timely notice and any payvtcnts shall be retroactively reconciled to reflect the changed baseline. Am• disputes regarding adjustments to the baseline or calculation of the Annual Savings amount shall be resolved in accordance with the dispute resolution provisions of Section 13. U4� Data: Customer shall make available. to Ameresco, on an ongoing basis for the Term of this Agreement, copies of all energy bills, encr,,y usage data, and any and all other such data maintained by Cu tomcr, including remote access to the Nlonitoring Scstcm for the sole purpose of collecting such data, as Wray be requested by Ameresco, which are required for it to perform all of its obligaticnts under this Agreement. (j) Insurance and Risk of Loss or Damage: C ?you Substantial Completion of an 13Chi, Customer assumes all risk of loss of or damage to such RCni front amp cause whatsoever. in the event of loss or damage to any equipment installed hereunder, Customer shall promptly notify Ameresco and promptly return the same to good repair with the proceeds of ally insurance received applied to the cost of such repair or demand that Ameresco pe•rfonn such repair, ill which case Ameresco shall promptly do so for such compensation to which the parties agree. If Customer determines that any of the ECA1(s) arc lost, stolen, confiscated, destroyed or damaged beyond repair, Customer shall replace the sane xvith like equipment in good repair in a timely fashion under the ciretuustances. If at any time after the date of the Deliven. and Acceptance Certificate and after Customer's complete payment to Ameresco in accordance with Section {(al, as such amount Wray be modified from tiute to time in accordance Nvith this greenteut, any tut, flood, other casualty, or condemnation renders a majority of the PropeM. incapable of being Occupied and renders the HC NIs or the equipment installed hereunder inoperable and, in the case of a cesmIr'v, the affected portion of such LCMs or equipment is not reconstructed or restored within one hundred twenty (120) days trout the date of such casualh', Ameresco and /or (honer may terminate this Agreement by delivery of a written notice to the other Party. Upon such termination, O\\l)cr shall pay .lnteresco any amounts, or pro -rata portions thercof. under Sections -1(h), j� „(ec and Le), Attachment 1 and any Change Order, tyhieh accrue prior to such iermtination. Ameresco may also snake appropriate• ad 11 to the baseline or the Annual Guaranteed Sayings Amount, with the prior written consent of Customer to reflect the impact of such cistialry or condemnation, including corresponding revisions to the Attachments. (k) Tclephom• and Internet Customer shall install and maintain telephone line% and pay all associated costs for rile P.ChI(s) telephone lives or applicable energy management system crnnnuutication sysec•nts. Anteresat mac use Customer's LAN for the purposes of any energy management system that Wray be included in the Scope of Work. (1) Protection. Customer shall ar all times act rensonabk to protect the 13CTt(s) front loss or damage to the saute extent and in the same manner in which it protects the Propern. W,