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A. Owner shall adhere to, follow and implement the energy conservation <br />procedures and methods of operation to be set forth on Schedule J (the Owner's <br />Maintenance Responsibilities), to be attached hereto and made a part hereof. <br />B. During the Guarantee Period, ESCO shall have the right, with prior notice <br />and without undue interference with the Owner's use and operation of the Premises, to <br />inspect Premises to determine if Owner is complying, and shall have complied with the <br />obligations in subsection (i) above. For the purpose of determining said compliance, the <br />checklist to be set forth at Schedule J (the Owner's Maintenance Responsibilities) as <br />completed and recorded by ESCO during its inspections, shall be used to measure and <br />record said compliance. Owner shall make the Premises available to ESCO for and during <br />each inspection, and shall have the right to witness each inspection. <br />Section 17.2 By Owner. Owner further provides: <br />A. That to the best of its knowledge it has not entered into any undisclosed <br />leases or contracts with other persons or entities regarding the leasing of energy efficiency <br />equipment or the provision of energy management services for the Premises or with regard <br />to servicing any of the energy related equipment located in the Premises that is of an <br />equivalent nature to the equipment and services contemplated by Appendix A. Comparable <br />Pre-existing Service Agreements are listed in Schedule L (Pre-existing Service <br />Agreements). During the term of the Energy Savings Guarantee and provided that ESCO <br />is not in default of this Contract, the Owner shall provide ESCO with copies of any <br />successor or additional leases of energy efficiency equipment and contracts for <br />management or servicing of preexisting equipment at Premises that may be executed from <br />time to time hereafter within sixty (60) days after execution thereof. <br />B. That to best of its knowledge, it has set out current and known capital <br />projects for the Premises, as of the date of this Agreement, in Schedule M (Current and <br />Known Capital Projects at the Premises). <br />Section 17.3. By ESCO. ESCO hereby warrants, represents and promises that: <br />A. before commencing performance of this Contract: <br />(1) it shall have become licensed and otherwise permitted to do business <br />in the state where the work is performed. <br />(2) it shall have provided proof and documentation of required <br />insurance pursuant to Section 18 (Insurance Requirements); all applicable <br />certificates of insurance shall be provided on an annual basis; and <br />(3) it shall submit a properly executed Contractor's Affidavit <br />Concerning Taxes. <br />B. it shall use qualified subcontractors and delegees, licensed and bonded in <br />this state to perform the work so subcontracted or delegated pursuant to the teens hereof; <br />ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 15 <br />