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

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\WORK,'I'HE ECM(s) OR THE EQUIPMENT'. SECTION 10 Customer's Responsibilities (a) Operations: Customer shall operate all equipment installed hereunder ill accordance with the manufacturer's recommendations and the manuals supplied to Customer by Ameresco. (b) Standards of Service and Comfort: Customer shall operate the ECNIs and the Propern• in a manner that shall provide the Standards of Service and Comfort provided for in Amchment I. (c) Maintenance: Customer shall, at its expense, repair, operate and maintain the Property in good working condition during the Term of this Agreement Customer shall maintain, repair and operated, at Customer's expense: (i) all equip meat and other components included as part of the ECMs, and (ii) all other equipment which is attached thereto anti /or is integral to the proper functioning of the I- 'Cl\•is. (d) Malfunctions: Customer shall notify ;lmeresco immediately iu the event of our nnalfimctian in the operation of the ]iiCM(s) or the equipment installed hereunder. To the extent the malfunction occurs during the warrant- period set forth in Section 9, within ten (lo) nosiness dais after notification, Ameresco shall use its best efforts to provide Customer with an action plan to assist Customer in correcting the malfunction. TO the extent the uhalfimction occurs outside the wurant- period set forth in Section 9, but during a Guarantee Year for which Ameresco is providing M &V Services, Ameresco shall use reasonable efforts to respond to Customer's request for a consultation within five business (j) days following notification. Any costs to correct or remediate a malfunction that occurs outside the \varrant period shall be borne by Customer. (c) Protection of 1L•'(N1s: Except in the case of emergency, Customer shall not remove, move, alter, nhrn cuff or othenvise significantly alter the operation of the equipment installed hereunder or the operation of the L:CNIs, or any individual part thereof, without the prior approval of Anteresco, which approval shall not be unreasonably withheld. ;After receiving Amerescti s written approval, Customer shall proceed as instructed. Customer shall act reasonably to protect the 1 ?C \ts from damage or loss, if, duc to an emergency; it is nor reasonable to notify Anheresco before acting. Customer agrees to protect and preserve the ftcilitc envelope and the operating condition of all ];(: \1s, mechanical systems, and other energy eonsunhing systems located on the Property. (t) Monitoring System: Customer shall not move, uhodify or otherwise alter the energy nl1nagcnncnt system /building autonhation system (L:MS /BAS), winporary data logger., or any other data collection or measurement and verification system (collectively, the "Monitoring, System ") installed as part of the ]iCi\i(s) or any component thereof without the written einhsent of Ainc•resco unless such action is in accordance \vlth operating manuals and procedures provided by Ameresco. (g) .justmeht to 13asclime: If, in the reasonable opinion of Aneresco, Customer does not reasonably operate, maintain, repair or othervise protect the 13 -,CNIs and /or maintain the Property' in good repair and good working condition, then Ameresco may equitably adjust the baseline, as referenced in Attachment G for any increased energy usages at the Propert. (h) Ch n res to Pro ncrt or Addition of Equipment- Customer shall notifi Ameresco in writing at least thirty (30) days prior to making any changes to the Property that could reasonably be I