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

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opportunity to timtele object under the MIL should it desire to object to such disclosure of that infonmatitin iu whole or in ]cart. In the event that Customer is required to make a filing Nvith any agency or other governmental body, which includes such information, Customer shall notify- Ailleresco and cooperate with Ameresco in order to seek confidential treannent of such information included eithiu any such filing or, if all snch information cannot be protected from disclosure, to request that Customer be permitted to redact portions of such information; as Ameresco may designate, from that portion of said filing which is to be made available to the public. SECTION 18 Severability If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or uncuforccable, the invalidity of such provision shall not affect the other provisions of this .Agreement, and all other provisions of this Agreement shall remain in full force and effect. SECTION 19 Assignments and Subcontractine (a) Anieresco may elect to use subcontractors in meeting its obligations hereunder. Nothing contained in this Agreement shall create arty contractual relation between any subcontractor and Customer. (b) Customer shall not assign, transfer, or otherwise dispose of this Agreement, the P'CM(s), or am- interest therein, or sublet or lend the P:CNI(s) or permit the 1:0f(s) to be used by anyone other than Custauer and Customer's euaployces without rite prior express written consent of Ameresco; provided that Customer mac, without obtaining die consent of Ameresco, assign its rights in the 11.C;\Is to any financial institution, lender or investor in connection ,with a e leasing or financing arrangemnt for funding of the Contract Cost. If Customer transfers ownership or its interest in the property- without the prior written consent of Allaeresco, this Agreement shall terminate automatically. (c) Ameresco shall not assiim this Agreement in whole or in part to any other party without first obtaining the consent of Customer, which consent shall not be unreasonably withheld; provided that, Anieresco may assign, without obtaining the consent of Customer, its rights and obligations under this Agreement in whole or in part to an, affiliated or associated company of Ameresco and its rights for payments only under this Agreement to any financial institution, lender or investor in connection with a credit facility to which Aneresco is a part,. SECTION 20 Waiver Any waiver of ally provision of this Agreement shall be in writing and shall be gilled by a dub authorised agent of Anreresco and Customer. The waiver by either Party of any term or condition of this Agreement shall not be deemed to constitute a continuing waiver therdof nor of any further or future waiver of any additional right that such Part nay be entitled to under this Agreement. SECTION 21 Fore e Ma•eure If either Tarn- shall be unable to earn, out any part of its obligations under this Agreement (except Customer's obligations to make payments when due), due to causes beyond its control ( "Force Mnienre'), including, but not limited to, an act of God, strikes, lockouts or other industrial di%ttrbalee'S acts of public enemies orders or restraints of any kind of the government of the United States or any state or any of their departments agencies or officials or any other civil governmental, military or judicial authority, war, blockage, insurrection, riot, sudden action of the elements, fire, explosion, flood, earthquake•, storms, utility power outage, drought, landslide, or explosion or nuclear 17