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

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(b) By Ameresco. Ameresco shall be in default under this Agreement if Ameresco fails to perform any of its required duties or obligations under this Agreement and fails to cure such failure or effects of such failure within thirty (30) days of receipt of written notice of default, unless such failure or effects of such failure cannot be completely cured within thirty (30) days after said written notice, in which case a default shall exist only if Ameresco does riot promptly commence and diligently pursue to cure such failure and subsequent effects as soon as practicable. SECTION 12 Remedies for Default If either party defaults under this Agreement, the other Parr' ma }, subject to the dispute resolution procedures in Section 13 below: (i) bring actions for any remedies available at lave or in equip or other appropriate proceedings for the. recovery of damages, including amounts past due: and (ii) with or without recourse to legal process, terminate this Agreement bl delivering written notice of termination at least ten (10) days prior to the requested termination date. SECTION 13 Dispute Resolution Claims, disputes, or other matters in controversy ( "Disputes ") arising out of or related to the .-agreement or the Project shall be subject to informal dispute resolution and mediation as a condition precedent to am and all remedies at lave or in equity. If during the retail of this Agreement a Dispute arises concerning the project or this Agreernent, the Disputc shall initial]\ be submitted to Customer's project representative and Atim esco's project manager for resolution by. mutual agreement bcm --cen said parties. Any mutual determination by the Customer Representative and Amerc•seo's project manager will be final and binding upon the parties. Ilowever, should the Customer representative and AM.eresco's project manager fail to arrive at a mutual decision is to the Dispute within tell (111) business days after notice to both individuals of such Disputc, such Dispute will be submitted to a representativ c from management of both Parties who shall meet in person or by phone within tell (10) business days after either parts gives the other pare written notice of the Dispute (tic "Dispute Notice"). 'llle Dispute Notice shall set forth in reasonable detail the apgricved parry's position and its proposal for resolution of the Dispute. If the Dispute is mot resolved vrithin shirty- (30) calendar clays after the first sleeting of the Parties, then the Parties shall endeavor to resolve the Dispute by mediation. A request for Mediation shall be made in writing and delivered to the other Party. 'llle request mat' be made enncurre•ndc with the tiling of any and all remedies at law or in equity but, in such event, mlecliation shall proceed in advance of ally proceedings filed in a judicial forum, which shall be slaved pending mediation for a period of sixty• (Gat) days front the date of tiling, unless stayed for a longer period of tine by agreement of the parties or court order. The parties shall share the fees of the mediation equally. The mediation shall be held in the place where the project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. If the parties do not resolve the Dispute through informal dispute resolution or mediation, either party is free to pursue any other available remedy in law or at cquir. 14