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

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opportunity to rinnely object under the FOIL, shield it desire to object to such disclosure of that information in vaholc or iu part. In the event Clint Customer is required to make a filing with any agency or i)rher governmental body, which includes such information, Cnstonner shall notify . \mcresco and cooperate with Arneresco in order to seek confidential treatment of such information included within any such filing or, if all such information cannot be protected from disclosure, to request that Customer be permitted to redact portions of such information, as Ameresco may desi,mmate, from that portion of said filing which is to be made available to the public. SECTION 18 Severability If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all other provisions of this Agreement shall remain in full force and effect. SECTION 19 Assignments and Subcontractinn (a) Amcresco may elect to use subcontractors in meeting its obligations hereunder. Nothing contained it) this Agrec•nncnt shall create any contractual relation between any subcontractor and Customer. (b) Customer shall not assign, transfer, or otherwise dispose of this Agreement, the N.CM(s), or any interest therein, or sublet or lead the E01(s) or permit the liC;`I(s) to be used by anyone other than Customer and Customer's employees without the prior cypress written consent of Ameresco; provided that Customer may, without obtaining the consent of Auncresco, assign its rights in the 1[Clvts to anv financial institution, lender or investor in connection with a leasing or financing arrangement for feuding of the Contract Cost. If Customer transfers ownership or its interest in the property- without the prior written consent of Anhereseo, this Agrec•mrut shall terminate automatically. (c) Aincreseo shall not assign this Agreement in whole or in part to any other part' without first Obtaining the consent of Customer, which consent shall not be unreasonably withheld; provided that, Anheresco may assign, without obtaining the consent of Customer, its rights and obligations under this Agreement in whole or in part to any affiliated or associated company of Anneresco and its rights for payments onh under this Agreemcnt to any financial institution, lender or investor in connection with a credit facility to wlvch Amcresco is a part-. SECTION 20 Waiver Any waiver of any provision of this Agreement shall be in writing and shall be sigmed by a drily authorized agent of ansreseo and Customer. The waiver by either party of any term or condition of this Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further or future waiver of any additional right that such party may be entitled to under this Algrcenhent. SECTION 21 Force Ma•eure If either Party shall be unable to carry out any part of its obligations under this Agreement (except ("ustomer's obligations to make payments when due), due to causes beyond its control ( "Fotce Majeure'), including, but not linlited to, an act of God, strikes, lockouts or other industrial disturbances acts of public enemies orders or restraints of any kind of the government of the United Stares or any state or any of their departments agencies or officials or any other civil governmental, militare or judicial authority, war, blockage, insurrection, riot, sudden action of the elements, fire, explosion, flood, earthquake, storms, utility power outage, drought, landslide, or explosion or nuclear 17