NYSERDA Sample Clauses

NYSERDA shall give the Owner written notice of non-compliance with this Agreement and the grounds for the notice. If within seven days of receipt of the notice, the Owner fails to take responsible steps to come into compliance, the Owner will be considered in default of this Agreement and agrees to pay to NYSERDA the pro-rated amount of any NYSERDA incentive received based on the number of months remaining under this Agreement

NYSERDA s obligations to purchase RPS Attributes and to make payment under this Agreement are conditional on the ability of Seller to demonstrate to the satisfaction of the DPS that the creation of and title to the RPS-eligible Attributes is sufficiently verifiable for purposes of the New York Environmental Disclosure Program. Solely for purposes of this Agreement, RPS Attributes emanating from Bid Facilities participating in the NEPOOL Generation Information System or the Pennsylvania-Jersey-Maryland Generation Attribute Tracking System are deemed sufficiently verifiable for this purpose.

NYSERDA and its Representatives shall establish policies and procedures to provide all reasonable and prompt assistance to Utility in responding to any and all requests, complaints, or other communications received from any individual, government, government agency, regulatory authority, or other entity that is or may have an interest in the Confidential Utility Information, data theft, or other unauthorized release of Confidential Utility Information, disclosure of Confidential Utility Information, or misuse of Confidential Utility Information to the extent such request, complaint or other communication relates to NYSERDA or its Representatives’ accessing or Processing of such Confidential Utility Information.

NYSERDA reserves the right to terminate this agreement in the event it is found that the certification filed by the Contractor in accordance with Tax Law Section 5-a was false when made. ▇. ▇▇▇▇▇-▇▇▇▇▇ Act i. Overview: • The Act requires that all contractors and subcontractors performing on federal contracts (and contractors or subcontractors performing on federally, assisted contracts under the related Acts) in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits, as determined by the Secretary of Labor, for corresponding classes of laborers and mechanics employed on similar projects in the area. • Apprentices and trainees may be employed at less than predetermined rates. Apprentices must be employed pursuant to an apprenticeship program registered with the Department of Labor or with a state apprenticeship agency recognized by the Department. Trainees must be employed pursuant to a training program certified by the Department. • Contractors and subcontractors on prime contracts in excess of $100,000 are also required, pursuant to the Contract Work Hours and Safety Standards Act, to pay employees one and one-half times their basic rates of pay for all hours over 40 worked on covered contract work in a workweek. • For public projects and public works projects, both ▇▇▇▇▇-▇▇▇▇▇ and the New York State Prevailing wage requirements must be met. The Sub-recipient must provide confirmation that the higher of the two will be provided. • Covered contractors and subcontractors are also required to pay employees weekly and to submit weekly certified payroll records to NYSERDA or its Contractor. ii. Additional prevailing wage rules may apply for volunteers. Please refer to the Department of Labor Field Operations Handbook (§ 15e23): "There are no exceptions to ▇▇▇▇▇-▇▇▇▇▇ coverage for volunteer labor unless an exception is specifically provided for in the particular ▇▇▇▇▇-▇▇▇▇▇ Related Act under which the project funds are derived." The ▇▇▇▇▇-▇▇▇▇▇ Related Act for the American Recovery and Reinvestment Act of 2009 (ARRA) is silent on this subject of an exception for volunteer labor. DOE has advised that, on ARRA-funded projects subject to ▇▇▇▇▇-▇▇▇▇▇ coverage, it is likely that all workers must be paid the prevailing wage.

NYSERDA. ▇▇▇▇ ▇▇▇▇▇▇▇, Vice President, Innovation

NYSERDA. 17 C▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇tention: Office of the General Counsel Email: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇.▇▇▇ Name: Title: Address: E-Mail Address: with a copy to (which shall not constitute notice):

NYSERDA shall pay for the Work performed under Contracts awarded under future PONs issued pursuant to this Agreement and NYSDOT shall reimburse NYSERDA quarterly for approved payments made on NYSDOT’s behalf.

NYSERDA. The contractor will apply and work with the campus to complete all documentation needed for NYSERDA’s New Commercial Construction Program. The Contractor will be required to work with the University, NYSERDA and their consultants to apply, administer and secure energy incentives. All incentives shall go directly to the University. All site and utility information available from UB will be turned over to the Design Professional, however, the Design Professional will be required to augment that information as needed to determine the appropriate placement of the new facility, on the identified site. The building design shall comply with UB design and specification guidelines, as well as the current New York State Building Code and be sensitive to the principals of Universal Design. The Design Professional will meet with DASNY and UB designees to review the programmatic requirements, and develop at least three design options, and present those options to the client for final selection. Once the final selection has been determined, the Design Professional will develop renderings from the selected concept and proceed with the design documents through the various phases. The Design Professional will meet with the client and DASNY for 30%, 60% and 100% design review and sign-off by client. The consultant will submit to DASNY Quality Control four submissions, 30%, 60%, 100% and bid documents submission for sign off, code review, permitting, and bid. Design submissions to demonstrate compliance with DASNY, SUNY and UB’s sustainability requirements. The new building shall comply with NYS Executive Order No. 88, including energy modeling and shall meet the criteria to obtain minimum LEED certification, level “certified” as per the USGBC (United States Green Building Council) LEED rating system. The new building shall be Commissioned (Cx) in accordance to Executive Order No. 88, NYS Tax Law 19, which created the Green Building Tax Credit; USGBC (United States Green Building Council) LEED rating system and the DASNY Commissioning Guidelines.

NYSERDA or the OPC shall provide its comments to the EMP within 30 working days after receipt of such draft. The EMP shall prepare the Technical Report in final form satisfactory to NYSERDA reflecting NYSERDA's comments.