Material Change Defined. A Material Change shall include any change in or to the Facility, not covered by Schedule D, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the University is expected to increase or decrease annual costs of energy consumption by at least 1%, in the aggregate, after adjustments for weather variations. Actions by the University which may result in a Material Change which is subject to this Section 9.3, include, but are not limited to the following: 9.3.1 Changes in the manner of use of the Facility by the University; or 9.3.2 Changes in the hours of operation for the Facility or for any equipment or energy using systems operating at the Facility; or 9.3.3 Permanent changes in the comfort and service parameters set forth in Schedule I; or 9.3.4 Changes in the occupancy of the Facility; or 9.3.5 Changes in the structure of the Facility; or 9.3.6 Changes in the types and quantities of equipment used at the Facility; or 9.3.7 Modification, renovation or construction at the Facility; or 9.3.8 The University’s failure to provide maintenance of and repairs to the ECMs pursuant to Section 8.5 hereof; or 9.3.9 Any significant damage to the Facility or the ECMs caused by fire, flood, other casualty, or any condemnation affecting a significant portion of the Facility; or 9.3.10 The permanent or temporary closing of a building at the Facility; or 9.3.11 Any other substantially changed condition, other than weather, affecting energy use at the Facility.
Appears in 3 contracts
Sources: Energy Services Agreement, Energy Services Agreement, Energy Services Agreement