Common use of Customer Commitment Clause in Contracts

Customer Commitment. The Customer agrees to authorize the ESCO to proceed with the creation of an Energy Savings Plan, final development and engineering for the Combined ESIP Project and Additional Capital Project Scope as listed in Attachment B and subject to the customer’s approval, the independent third party reviewer, and the NJBPU approval, as applicable. With respect to the ESIP Project portion of the Combined ESIP and Additional Capital Project Scope, following third party review and approval of the Energy Savings Plan, the Customer shall take action to adopt the Energy Savings Plan within thirty (30) days, subject to approval of same by the NJBPU. Once adopted by the Customer, the ESCO shall submit the Energy Savings Plan to the NJBPU for review and approval. Following receipt of NJBPU approval of the Energy Savings Plan, the ESCO shall present a complete contract to the Customer and the Customer shall take formal action concerning said contract within forty-five (45) days.

Customer Commitment. The Customer agrees to authorize the ESCO to proceed with the creation of an Energy Savings Plan, final development and engineering for the Combined for, at minimum, a self-funding and cash flow positive ESIP Project Only – Self Funding and Additional Capital Project Scope Cash Flow Positive Scope, as listed in Attachment B A and subject to the customer’s approval, the independent third party reviewer, and the NJBPU approval, as applicable. With respect to the ESIP Project portion of the Combined ESIP and Additional Capital Project Scope, following Following third party review and approval of the Energy Savings Plan, the Customer shall take action to adopt the Energy Savings Plan within thirty (30) days, subject to approval of same by the NJBPU. Once adopted by the Customer, the ESCO shall submit the Energy Savings Plan to the NJBPU for review and approval. Following receipt of NJBPU approval of the Energy Savings Plan, the ESCO shall present a complete contract to the Customer and the Customer shall take formal action concerning said contract within forty-five (45) days.