Common use of Material Change Defined Clause in Contracts

Material Change Defined. 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 Institution, 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 Report Requirements) by at least __% after adjustments for climatic variations. Actions by the Institution which may result in a Material Change include but are not limited to the following: manner of use of the Project Site(s) by the Institution; or hours of operation for the Project Site(s) or for any equipment or energy using systems operating at the Project Site(s); or Permanent changes in the comfort and service parameters set forth in Schedule U (Standards of Comfort); or occupancy of the Project Site(s); or structure of the Project Site(s); or types and quantities of equipment used at the Project Site(s) or modification, renovation or construction at the Project Site(s); or the Institution's failure to provide maintenance of and repairs to the Equipment in accordance with Schedule CC (Institution's Maintenance Responsibilities); or any other conditions other than climate affecting energy use at the Project Site(s) including but not limited to the replacement, addition or removal of energy and water consuming devices whether plug in or fixed assets, casualty or condemnation of the Project Site(s) or Equipment, or changes in utility provider or utility rate classification, or any other conditions other than climate affecting energy or water use at the Project Site(s). Modifications, alterations or overrides of the energy management system schedules or hours of operation, set back/start up or holiday schedules.

Material Change Defined. 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 InstitutionOwner, 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 Report Requirements) by at least __% after adjustments for climatic variations. Actions by the Institution Owner which may result in a Material Change include but are not limited to the following: manner of use of the Project Site(s) by the InstitutionOwner; or hours of operation for the Project Site(s) or for any equipment or energy using systems operating at the Project Site(s); or Permanent changes in the comfort and service parameters set forth in Schedule U (Standards of Comfort); or occupancy of the Project Site(s); or structure of the Project Site(s); or types and quantities of equipment used at the Project Site(s) or modification, renovation or construction at the Project Site(s); or the InstitutionOwner's failure to provide maintenance of and repairs to the Equipment in accordance with Schedule CC (InstitutionOwner's Maintenance Responsibilities); or any other conditions other than climate affecting energy use at the Project Site(s) including but not limited to the replacement, addition or removal of energy and water consuming devices whether plug in or fixed assets, casualty or condemnation of the Project Site(s) or Equipment, or changes in utility provider or utility rate classification, or any other conditions other than climate affecting energy or water use at the Project Site(s). Modifications, alterations or overrides of the energy management system schedules or hours of operation, set back/start up or holiday schedules.