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