Common use of Material Change Defined Clause in Contracts

Material Change Defined. A. A Material Change shall include any change in or to the Project Site(s), whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the Agency, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule B (Baseline Energy Consumption; Methodology to Adjust Baseline) and Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements) by at least 2% after adjustments for climatic variations. B. Actions by the Agency which may result in a Material Change include, but are not limited to, the following: i) manner of use of the Project Site(s) by the Agency; or ii) hours of operation for the Project Site(s) or for any equipment or energy using systems operating at the Project Site(s); or iii) Permanent changes in the comfort and service parameters set forth in Schedule U (Standards of Comfort); or iv) occupancy of the Project Site(s); or v) structure of the Project Site(s); or vi) types and quantities of equipment used at the Project Site(s) or vii) modification, renovation or construction at the Project Site(s); or