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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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(e) this :Agreement has been duly executed and delivered by the signatories so authorized, and <br />constitutes each Party's legal, valid and binding obligation; <br />(c) its execution, delivery, and performance of this Agreement shall not result in it breach or <br />violation of, or constitute a material default under, any agreennent, lease or instrument to which <br />it is a park° or by which it or its properties may be bound or affected; and <br />(d) it has not received anf notice, nor to the best of its knowledge is there pending or threatened <br />ally notice of ally violation of any applicable laws, ordinances, regulations, toles, decrees, <br />awards, permits or orders which would materially adversely affect its ability to perform <br />hereunder; and <br />(e) the persons executing this agreement are f tly authorized by law to do so. <br />SECTION 26 Additional Renresentations and Warranties of Customer <br />Customer hereby warrants and represents to ameresco that: <br />(a) Customer intends to cointinuc to use the Property in a manner reasonably similar to its present <br />use; <br />(b) Customer does not contemplate any changes to the electrical and thermal consumption <br />characteristics of the Propert except as may have been disclosed to Ameresco by Customer <br />in writing prior to the execution of this Agreement; <br />(e) Customer has provided Ameresco with all records heretofore requested by Arrleresco; <br />(d) Customer has not entered into any other agreements i <br />ts or understandings for the Property th <br />persons or entities other than Amereseo regarding the provision of the Scope of Services; <br />(c) Since the date of the Audit, there has been no change, event, circumstance or development <br />that has or could reasonably be expected to have a material adverse effect on (i) the operation <br />or condition of the Propern, (ii) the energy usage at the Property, or (iii) the ability of <br />Customer to perfortm its obligations hereunder; and <br />(t) Customer has obtained all necessary govemmental, legal, administrative and ally other <br />approval necessary for it to enter into and perfotnn this Agreement. <br />SECTION 27 Independent Contractor <br />Nothing in this Agrccuhent shall be eonstmed as reserving to Customer any right to exercise any control <br />over or to direct in any respect the conduct or management of business or operations of ;\tucresco. <br />The entire control or direction of such business and operations shall be in and shall remain in <br />ameresco, subject only to Auneresco's performance of its obligations under this Agreenhent. Neither <br />Amereseo nor any person perfomning any duties or enpged in any work on the Property on behalf of <br />Amereseo shall be deemed an employee or agent of Customer. <br />Nothing in this Section ,hall be deemed to be a waiver of Customer's right to use the Propem. <br />20 <br />
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