Common use of Material Change Defined Clause in Contracts

Material Change Defined. A Material Change shall include any change or cumulative changes in or to the Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the Owner, AEO and CONTRACTOR, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule E and Schedule E after adjustments for climatic variations and provided a correlation exists between usage and Material Change. Actions by the Owner that may result in a Material Change include but are not limited to the following: (i) manner of use of the Premises by the Owner; or (ii) hours of operation for the Premises or for any equipment or energy using systems operating at the Premises; or (iii) permanent changes in the comfort and service parameters set forth in Schedule I; or (iv) occupancy of the Premises; or (v) structure of the Premises; or (vi) types and quantities of equipment used at the Premises or (vii) modification, renovation or construction at the Premises; or (viii) the Owner's failure to provide maintenance of and repairs to the Equipment in accordance with Schedule K; or (ix) casualty or condemnation of the Premises or Equipment, or (x) changes in utility provider or utility rate classification, or (xi) any other conditions other than climate affecting energy or water use at the Premises.

Material Change Defined. A Material Change shall include any change or cumulative changes in or to the Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the Owner, AEO and CONTRACTORESCO, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule E and Schedule E after adjustments for climatic variations and provided a correlation exists between usage and Material Change. Actions by the Owner that may result in a Material Change include but are not limited to the following: : (i) manner of use of the Premises by the Owner; or (ii) hours of operation for the Premises or for any equipment or energy using systems operating at the Premises; or (iii) permanent changes in the comfort and service parameters set forth in Schedule I; or (iv) occupancy of the Premises; or (v) structure of the Premises; or (vi) types and quantities of equipment used at the Premises or (vii) modification, renovation or construction at the Premises; or (viii) the Owner's failure to provide maintenance of and repairs to the Equipment in accordance with Schedule K; or (ix) casualty or condemnation of the Premises or Equipment, or (x) changes in utility provider or utility rate classification, or (xi) any other conditions other than climate affecting energy or water use at the Premises.