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

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For ptuposcs of this Savings Gilarantee, the following assumptions and provisions shall apply: (a) Anneresco guirantees that the Guaranteed Savings will be achieved by operation and beneficial use of all EClfs taken in the aggregate, but does not guarantee the savings amount achieved by each ECM individually. (b) The total savings achieved by the combined EC'Ms, determined as provided in the i\I &V ])]in, including any "Agreed Upon Sat45ilgs" as such term is defined in the M &V Plan, shall be deconed the total "Annual Sat7ngs ". Agreed Upon Savings amounts shall be deemed achieved upon Substantial Completion of the ECUs. Calculation of the Annual Savings, inclusive of Agreed Upon Savings, shall be performed under, and governed him =, the methods, formulas, and procedures described in the Aleasurelnent and Verification plan set forth in Attachment G (the "M &V Pled'). (c) As it relates to the ,annual Savings and this Savings Guarantee, the term "Guarantee I ear' shall mean the consecutive twelve (12) mouth period beginning with the first day of the month following the date of Substantial Completion of rile ].CNIs, and each similar twelve (12) month period thereafter. (d) Amcresco's obligations in respect of this Sayings Guarantee are subject to Customer performing all of its maintenance, repair, service rind other obligations under this Agreement, including, without limitation, maintenance of the Standards of Service and Comfort set forth in Attachment 1, if any, which may affect achievement of the Guaranteed Sayings. If Customer fails to perform its obligations under this Agreement or interferes with, or permits amp third party to take any action which, in the reasonable opinion of AlrcrcSCO, may prcveut tile' chievement of the Guaranteed Sayings under this Agreement, Aincresco may, after providing Customer thin (30) days advance notice, adjust the Annual Sayings amount during the period in which such sayings were affected to reflect the impact such actions had on same. ;1nx•resco's rights set forth ltercit>_shall not be in limitation of am- other rights it is- entitled to by law or under this Agreement. Any disputes regarding achievement of Guaranteed Sayings or any lvf &V Report delivered pursuant to Attachment G shall be resolved in accordance wvith the dispute resolution prrn•isions of Section 13. SECTION 7 Right of Entry /Space During the Tern of this Agreement, Customer shall provide Anmeresco and its employees, agents and subcontractors reasonable access to the Properly for sole the purpose of fulfilling Amereseri s obligations under this Agreement. Customer shall provide rent free space for the installation and operation of the FCM(s) and shall use its best efforts to protect such items and equipment in the Same careful manner that Customer protects the Property. SECTION 8 Changes in Services (a) The Scope of Services may be changed only by agreement of the Parties evidenced by execution of a "Change Order" substantially in the form attached to this Agreement "I'S Attachment F, including the yuantit°, quality, dimensions, type or other characteristics of the li:Clis. During the Term hereof, either Customer or Ameresco map suggest that other energy efficiency measure., and facilities be added to the Scope of Scn'iecs, in which case tile parties