2023-03-14-minutes-solid-waste-and-maintenance

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work. Energy savings generated during the Interim Period will accrue towards the first year Guarantee. ESCO and the Owner agree to work in good faith to resolve any disagreement over the calculation of the energy savings. Should the parties be unable to resolve their disagreement as to the calculation of energy savings, then either party will provide written notice to the other and the parties will then agree that an independent auditor will be engaged to provide a binding decision on whether the calculation of savings or deficiencies, as prepared by ESCO, is fairly stated in accordance with this Contract. If the parties cannot agree upon an auditing firm, then each shall designate a firm, and the two designated firms shall identify a mutually agreeable third firm and such third firm alone shall perform the audit. The independent auditing firm shall include in its report any exceptions determined by its review. Each party agrees to reasonably cooperate with the auditing firm, including, without limitation, delivering to such firm any records, documents or information reasonably requested in electronic format, if available, or otherwise. Any payments between the parties that are necessary to resolve any irregularities identified in the review will be made within sixty (60) days after submission of the review to the parties. If the audit is called by the ESCO or the Owner, the following structure will be applied to paying for the audit: Ifthe independent auditor determines that ESCO's determination of the difference between the annual Energy Savings Guarantee and the amount of the actual energy saving achieved at the Premises was in error in the Owner's favor, ESCO shall pay the entire cost of the audit; however, if ESCO's determination of the Energy Savings Guarantee is not in error or is in error in the ESCO's favor, the Owner shall pay for the entire cost of the audit. In any case, the calculation of energy savings shall be changed to reflect the findings of the audit, and the calculations of savings relating to the Energy Savings Guarantee will be modified to reflect such. SECTION 6. PERMITS AND APPROVALS: COORDINATION Section 6.1. Permits and Approvals. ESCO shall be responsible for timely obtaining all necessary installation/building permits. The Owner shall use its reasonable efforts to assist ESCO in obtaining all necessary installationibuilding permits (operating permits are the responsibility of the Owner) and approvals for installation of the Equipment. The Equipment and the installation and operation of the Equipment by ESCO shall at all times conform to all federal, state and local code requirements. ESCO shall furnish copies of each permit or license, which is required of it to perform the work, to the Owner before ESCO commences the portion of the work requiring such permit or license. ESCO shall pay for plumbing and electrical permits required by the authority having jurisdiction. ESCO shall be reimbursed within the GMIC for all licenses and permits, fees and charges for connections to outside services and for the use of municipal or private property for storage of materials, parking, utility services, temporary obstructions, enclosures, opening and patching of streets, etc., arising from the construction and completion of the installation and maintenance of the Equipment contemplated by this Contract, and as agreed to by ESCO and the Owner. Section 6.2. Coordination During Installation. Owner and ESCO shall cooperate to coordinate the activities of ESCO's equipment installers with the employees and agents of the ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 8