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