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Guaranteed Savings for the same period, Anncresco shall pap Customer the amount (the "Savings Shortfdl ") by <br />which the cumulative Guarantied Savings exceeds the cumulative Annual Savings, or, by mutual written <br />agreement of the Parties, in lieu of making a payment of the Savings Shortfall Amcresco may rectify the Savh>,gs <br />Shortfall through installation of additional ECM(s) or modifications. Such Payment, installation or modification <br />shall be the sole and exclusive remedy of Customer ill the event of a Savings Shortfall. Any such payments shell <br />be included in the cumulative Annuai Saings total for puq)oses of future Guarantee Reconciliations. <br />In addition, in the event of a Savings Shortf dl :Imeresco shall have the right but not the obligation, at Anneresco's <br />sole discretion and expense, to install additional 13CAI(s) or modifications to mitigate ally future Savings Shortfidl <br />x •itb the approval of Customer, such approval not to be unreasonably withheld, conditioned or dclaved. I f, in <br />any Guarantee Year, the Annual Savings exceed the Guaranteed Savings for such Guarantee Year, at the <br />Customer's option, the excess savings utill either be used (i) to reimburse Amcresco for any Savings Shortfall <br />p:nrorents made in previous years, whether such payment was made in cash or through installation of additional <br />%CAIs or (ii) included in the Annul Savings amount for the succeeding Guarantee Year. <br />Dispute Resolution <br />Any dispute, claim or disagrecmcut of any kind or nature between the Partics arising out of or in connection with <br />this AI&V Plan, Adjustment ro the Baseline or the Savings Guarantee shall be resolved in accordance with the <br />Dispute Resolution procedures set forth in Section 13 of the Agreement. <br />57 <br />