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

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expected to affect tl)e energy - usage on the Property, such as changes in the hours or days or time of pear that the Property is occupied or operated, the number of occupants, the Activity conducted, the equipment, the facilities, the size of the Property- etc. Customer shall also notify An)cresco regarding material increases over time in numbers and usage of "plug in" devices such as computers and printers. If Amctesco receives such notification or other %rise determines that such a change has occurred, it may, make appropriate revision to ripe Attachments to reflect any adjustment to the baseline or the Annual Guaranteed Savings Amowit. Ameresco may also make retroactive adjustments to the baseline or calculation of Annual Savings if Customer bas not provided timely notice and any paynicttts shall be retroactively reconciled to reflect the changed baseline. Any dispures regarding adjustments to the baseline or calculation of the Annual Savings amount shall be resolved in accordance with the dispute resolution provisions of Section 13. (i) Enemy UU =. Dnta: Customer $hall make available to Ameresco, on an ongoing basis for the Term of this Agreement, copies of all clingy bills, enerin, usage data, and any and all other such data maintained by Customer, including remote access to the Monitoring System for rile sole purpose of collecting such data, as may be requested by Ameresco, which are required for it to Perforu) all of its obligations under this Agreement. (j) Insurance and Risk of Loss or Damage: Upon Substantial Completion of an 13C A1, Customer assuums all risk of loss of or damage to such h,CAf from anc cause whatsoever. In the event of loss or damage to any equipment installed hereunder, Customer shall promptly notify Ameresco and promptly return the same to good repair with the proceeds of any insurance received applied to the cost of such repair or demand that- Ameresco perform such repair, in which case Ameresco shall promptly do so for such comPeusation to which the parties agree If Customer determines that anc of the ECM(s) arc lost, stolen, confiscated, destroyed or damaged beyond repair, Customer shall replace the same \tith like equipment in good repair in a timely fashion under rile circumstances. If at any time after the date of the DC17vcii- and Acceptance Certificate and after Customer's complete patment to Ameresco in accordance «ith Section 4(al, as such amount 1)31.1- be modified troll) time to tune in accordance with this Agrecnremt, anc fire, flood, other casualty, or condemnation renders a n)ajority of the Proper[\• incapable of being occupied and renders die ECIUs or the equipment installed hereunder inoperable and, in the case of a casualty, the affected Portion of such HCAIs or equipment is nor reconstructed or restored within one hundred twenty (1211) days from the date of such casualty, Au)cresco and /or ( ))vncr urns terminate this Agtcc•ment by delivery of a written not ce to nc� other Party. Upon such termination, 0\x-ner shall par Ameresco anc amounts, or pro -nta portions thereof, under Sections 4(b), L01 (c(4 and (c, Attachment I and any Change Order, which accrued prior to such termination. Ameresco may also make appropriate adjustments to the baseline or the Annual Guaranteed Savings Amount, with the Prior Ntrittcu consent of Customer to reflect the impact of such casuals or eoudenmltion, including corresponding revisions to the Attachn)cnts. (k) Telephone And Internet Customer shall install and maintain telephone lines and pay all associated costs for the P.CAI(s) telephone lines or applicable energy management systc•n) communication s- n)s. Am t- eresco may use Customer's LAN for the purposes of an energy maaagenetit system that may be included in the Scope of Work. (1) Protection. Customer shall at all rimes act reasonably to protect the E- VAI(s) from loss or damage to the same extent and in the same manner in which it Protects the Propert. 12