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

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(m) Alteration: Except in cases of emergency, Customer shall not move, alter or change the I :CAf(s) in am' may that may cause a reduction in the level of efficiency or sayings generated 1>y the I CiIM or the equipment installed hereunder without obtaining Amuesco's written ,lpproval, which shall not be unreasonably withheld. (m) Storage: Customer shall provide rent free space for Ameresco, or ,lily of its subcontractors, to mobilize and store supplies, tools and equipment durhtg installation of the F- :C \f(s) as available pursuant to this Agreement for which such storage space may be required, with locking capacity acceptable to Autereesco. Only Atneresco or any of Ameresco's subcontract ors, and Customer's assigned personnel shall have access to storage. Ameresco shall promptly remove all such equipment from such storage areas upon Substantial Completion of the project. (o) Fuel: Customer shall procure and pay For all energy and fuel for the operation of the Properh. Cooperation during Construction: Customer Ail] reasonably cooperate in relocating occupants, staff, personnel, furniture and equipment and taking such other actions as mtay be necessity by Customer in order to prepare space for work by Amecesco to enable Ameresco to timely perform its obligations hereunder. SECTION 11 Defaults (a) BY Customer. Customer shall be in default under this A rccmcnt upon the occurrence of ant- of the following: (i) Customer fails to pay when due any amount to be paid under this Agreement and such failure continues for a period of twenh -one (21) business days after notice of overelue payment is delivered by Amteresco to Customer; (ii) any representation or warranty made by Customer in this Agreement or in any writing delivered by Customer pursuant hereto proves at any time to have been false, misleading or erroneous in ;any material respect as of the time ahem made; or (iii) Customer fails to perform any of its required duties or obligations under this Agreement and fails to cure such failure and the effect., of such failure ttithin thirty (411) days of receipt ofwritteen notice of default, unless such failures and effects cannot be completely cored within thirty- (30) days after said w- ritreu notice, in which ease a default shall exist only if Customer does not commence and diligcudy purr lr to cure such failures and effects as soon as practicable: (iv) Customer enters receivership, or makes an assignment for the benefit of creditors, whether voluntary or involuntary, or a petition is filed by or against Customer under any bankruptcy, insoh'emcy or similar law and such petition is not dismissed within sixty (CU) clays. (v) Customer fails to cooperate in relocating occupants, staff, personnel, furniture and equipment or to take such other actions astray be necessary by Customer in ruder to prepare space for Nvork by Ameresco as is reasonably requested by Anereseo in a timely manner in order to alloy- the Scope of Services to be accomplished hereunder. 13