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

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(b) By Ameresco. Anleresco shall be in default under this Agreement if Arneresco fails to perform any of it, required duties or obligations under this Agreement and fails to cure such failure or effects of such failure within thirty (30) days of receipt of written notice of default, unless such failure or effects of such failure cannot be completely cured within thirty (30) days after said written notice, in which case a default shall exist cull' if Ameresco does not promptly commence and diligently pursue to cure such failure and subsequent effects as soon as practicable. SECTION 12 Remedies for Default If either Para- defaults under this Agreement, the other hash- may, subject to the dispute resolution procedures in Section 13 below: (i) bring actions for any reiiledics available at law or in equity or other appropriate proccedifli;s for the recover•v of damages, including amounts past due, and (ii) with or vithout recourse to legal process, terminate this Agreement by delivering written notice of termination at least ten (10) days prior to the requested termination date. SECTION 13 Dispute Resolution Claims, disputes, or other platters in controversy ( "Disputes') arising out of or related to the Agreement or the Project shall be subject to informal dispute resolution and mediation as a condition precedent to ant' and all remedies at law or in equip. if during the term of this Agreement a Dispute arises concerning the Project or this agreement, the Dispute shall initially be submitted to (,ustomer's project representative and Arno esco's project manager for resolution by mutual agreement between said parties. Any mutual determination by the Customer Representative and Ainc•reseo's project manager will be final and binding upon the Parties. However, should the Customer representative and Auleresco's project manager fail to arrive at a inutual decision as to the Dispute within tell (10) business days after notice to both individuals of such Dispute, such Dispute mill be submitted to a representative from Management of both parties who shall meet in person or by phone within tell (10) business days after either Party gives the other Parh written notice of the Dispute (the " Dispute Notice'). 'lhr Dispute Notice shall set forth in reasonable detail the apgrieved part's position and its proposal for resolution of the Dispute. If the Dispute is not resolved within this- (30) calendar days after the first electing of the Parties, then the parties shall endeavor to resolve the Dispute by mediation. A request for mediation shall be elude in writing and delivered to the other Part. Tile request play be made Concurrentic \with the tiling of auv and all remedies at law or in equity but, in such event, mediation shall proceed in advance of any proceedings filed in a judicial forum, which shall be stayed pending mediation for a period of sixty (00) days from the date of filing, unless stayed for a longer period of tittle by agreement of the parties or court order. The parties shall share the fees of the mediation equally. The mediation shall be hell in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court haying jurisdiction thereof. If the parties do not resolve the Dispute through informal dispute resolution or mediation, either Parry is free to pursue any other available remedy in law or at equip•. 14