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

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ESCO to achieve the energy savings at the Premises, which shall not increase the GMIC, and; C. All modifications, additions or replacements of the Equipment or revisions to operating or other procedures shall be described in a supplemental Schedule(s) to be provided to the Owner for approval, which shall not be unreasonably withheld, provided that any replacement of the Equipment shall comply with Section 11 (provided that the warranty shall extend for one [1] year from the date of installation) and have equal or better potential to reduce energy consumption at the Premises than the Equipment being replaced. The Owner may elect, at a negotiated rate, to have the ESCO update any and all software to be used in connection with the Equipment in accordance with the provisions of Section 19.1 (Ownership of Certain Proprietary Rights). All replacements of and alterations or additions to the Equipment shall become part of the Equipment described in Schedule A (General Description of Project Scope) and shall be covered by the provisions and terms of Section 9 (Construction Schedule and Equipment Installation; Approval). SECTION 15. MATERIAL CHANGES Section 15.1. Material Change Defined. A Material Change shall include any change in or to the Premises, whether structural, operational or otherwise that reasonably could be expected to increase or decrease annual energy consumption to a degree that it would affect the Energy Savings Guarantee, in accordance with the provisions and procedures set forth in Schedule D (Baseline Energy Consumption), Schedule E (Savings Measurement & Calculation Formulae; Methodology to Adjust Baseline) and Schedule B (Energy Savings Guarantee and Projected 25 Year Cost Avoided Energy Savings). During the Guarantee Period, when the effect on energy savings cannot be accurately determined due to changes that may be Material Changes, Projected Energy Savings for that portion of the Premises undergoing change will be used to determine the actual savings and until the effect of the change can be determined by ESCO. Section 15.2. Reported Material Changes: Notice by the Owner. The Owner shall use reasonable efforts to deliver to ESCO a written notice describing all actual or proposed anticipated Material Changes in the Premises or in the operations of the Premises at least thirty (30) days before any actual or proposed anticipated Material Change is implemented or as soon as is practicable after an emergency or other planned or unplanned event. Written notice to ESCO of changes that result because of an emergency or other situation that precludes advance notification and that are likely to be Material Changes shall be deemed sufficient if given within forty-eight (48) hours after actual knowledge that the event constituting the likely Material Change occurred or was discovered. If the Owner elects not to use the Projected Energy Savings applying to the portion of the Premises adversely affected by the Material Change, ESCO has the right to charge for work required to assess the effect on energy savings for any Material Changes, including but not limited to building additions, new buildings (if not separately metered or otherwise distinguishable from the Energy Savings Guarantee), and new or changed HVAC equipment that requires more than sixteen (16) total hours per year to be spent in calculating their effect on the energy savings. Such ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 13