04-13-15 Agenda, Packet & Committee Meeting Notice

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performing its services under this Agreement is likely to cause the disturbance of lead paint in such a manner as to require Ameresco to provide any notification or take any actions Pursuant to any federal, state or local laps, rules, or regulations and Arneresco notifies Customer of the same, Customer shall: (s) at its cost, cause the lead paint to be lawfully removed, or otherwise abated in accordance with applicable laws, rules and regulations; or (1) abandon the Project and terminate this Agreement. hider no circumstances, shall Ameresco be required to Perform services, which cause the disturbance of lead paint. If lead paint materially affects the Project Schedule, Amereseo, at its sole option, may demobilize and cease conmuction in the area affected by the presence of lead paint until such tiuhc as Customer has elected and performs one of the options afforded Customer as described in this Subsection. If Customer does not promptly take action as Provided herein or notifies Ameresco that it shall not take such action, Anieresco M,' , at its sole option, either remove the affected area from its Scope of Services (and make commensurate adjustments to the rights and obligations of the Parties) or agree with Customer to terminate this Agreement in its entirety, which agreeuacot shall not be unreasonably withheld and Customer shall be responsible for payment of the Portion of $cope of Services implemented Prior to such termination. Customer shall be responsible for any and all costs (including termination) incurred by Anmeresco that relate to the presence of lead paint. (d) Compliance IX ith Lbw: Ameresco shall, at its expense, comply yvith and obtain all applicable licenses and Permits required by federal, state and local laves in connection with (i) the installation of the LChIs and (ii) the operation and /or nhaintenvue of the 1 Chfs (to the extent that Aineresco agrees to perform such operations and /or maintenance services). In the event that Anmeresco cannot procure all such license or permit in light of a requirement that Customer is required to do so, the Parties shall work joint]} to obtain such permit or license. (e) Taffies: Customer represents that it is a tax exempt entity and that it shall cooperate with .Ameresco and provide Ameresco with appropriate resale exemption documentation so that Amheresco may attempt to establish that it is not obligated to Pay taxes, fees and assessments or other charges of 1111.1. character which may be imposed or incurred by any governmental or public authority as an incident to title to, or operation of the LChI(s) which would otherwise be levied upon or in respect to said interest component or of the I?CAI(s). Customer shall have no liability for taxes measured by the net income of Ameresco. (0 Monitoring, Measurement and Verification: To the extent Provided for in Attachment G, An)oresco will supply such ongoing monitoring, nn•asutemcm and verification services (the "M &V Services') described in Attachment G during the Term at a cost to Customer as set forth in Section 4 and Attachment I. fie) Duties Obliations arid Responsibilitie, o)f Ameresco: (i) All labor furnished under this Agreement shall be competent to Perform the tasks undertaken, all materials and equipment provided shall be new and of appropriate quality and the completed work shall comply in all material respects with the t quirc•ments of this Agreement. (ii) Ameresco shall maintain the Project site in a reasonably clean condition during the Performance of the construction work. (iii) Anhcreseo shall remilarhr clean the Project site of all debris, trash and excess material