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

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(con) Alteration: Except in cases of emergency, Customer shall not move, alter or change the ECn1(s) in any way that may causes reduction in the level of cffiraerrey or wrings generated by the I C;INI or the equipment installed hereunder without obtaining Ameresco's written approval, which shall not be unreasonably withheld. (n) Stora4if: Customer shall provide rent free space for Atneresco, or any of its subcontractorS, to mobilize and store supplies, tools and equipment during installation of the ECM(s) as available pursuant to this Agreement for which such storage space may be requited, with locking capacity acceptable to Anteresco. Only Anereseo or any of Anrcreseo's subcontractors, and Customer's assigned personnel shall have access to storage. Ameresco shall promptly remove all such equipment from such storage areas upon Substantial Completion of the project. (o) Rid Customer shall procure and pap for all energy and fuel for the operation of the Property. Cooperation durine, Construction: Customer shall reasonabh. cooperate in relocating occupant,, staff, personnel, furniture and equipment and taking such other actions as may be necessity by Customer in order to prepare space for work by Ameresco to enable Ameresco to timely perform its obligations hereunder. SECTION 11 Defaults (a) By Customer. Customer shall be in default under this Agreement upon the occurrence of any of the follomin, (i) Customer fails to pay when due any amount to be paid under this Agreement and such failure continues for a period of twenty -one (21) business days after notice of overdue payment is delivered by Amereseo to Customer; (ii) any representation or warranty made by Customer in this Agreement or in any writing delivered by Customer pursuant hereto proves at any time to have been false, misleading or erroneous in any material respect as of the time a-lien made; or (iii) Customer fails to perform am of its required duties or obligations under this Agreement and fails to cure such failure and the effects of such failure within thin (,411) days of receipt of written notice of default, unless such failures and effects cannot be completely cured within thirn' (30) days after said written notice, in which case default shall exist only if Customer does not commence and diligemtlp pursue to cure such failures and effects as soon as practicable: (iv) Customer enters receivership, or makes an assignment for the benefit of creditors, whether voluntary or involuntary, or a petition is filed by or against Customer under any bankruptcy, insoh-eney or similar lays and such petition is not dismissed yyithin sixth (60) claps. (v) Customer fails to cooperate in relocating occupants, staff, personnel, furniture and equipment or to take such other actions as may be necessarc by Customer in order to prepare space for wort: by Amereseo as is reasonably requested by Anrereseo in a timeh manner in order to allow the Scope of Sen•ices to be accomplished hereunder. 13