Savings Guarantee. In consideration of the payment of the Annual M&V Fee, and upon the terms and subject to the conditions set forth herein, ENGIE Services U.S. warrants that District will realize total EC Savings during the Energy Savings Term of not less than the total Guaranteed Savings (the “Savings Guarantee”), as the same may be adjusted from time to time for changes in Energy Rate Factors, Energy Use Factors and consequential revisions to the relevant Baseline.
Savings Guarantee. In consideration of the payment of the Annual M&V Fee, and upon the terms and subject to the conditions set forth herein, OpTerra Energy Services warrants that ConFire will realize total EC Savings during the Energy Savings Term of not less than the total Guaranteed Savings (the “Savings Guarantee”), as the same may be adjusted from time to time for changes in Energy Rate Factors, Energy Use Factors and consequential revisions to the relevant Baseline.
Savings Guarantee. Schedule A Savings Guarantee Schedule B Baseline Energy Consumption; Methodology to Adjust Baseline Schedule C Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements Schedule D Data Collection and Reporting –by ESCO Using eProject Builder (ePB) Schedule E-G Left blank for optional schedules Payments and Schedule Schedule H Final Project Cost & Project Cash Flow Analysis Schedule I Financing Agreement and Payment Schedule Schedule J Compensation to ESCO for Annual Services Schedule K Rebates, Incentives and Grants Schedule L-P Left blank for optional schedules Design and Construction Phase Schedule Q Description of Project Site(s) Schedule R Equipment to be Installed by ESCO Schedule S Construction and Installation Schedule Schedule T Systems Start-Up and Commissioning; Operating Parameters of Installed Equipment Schedule U Standards of Comfort Schedule V ESCO’s Training Responsibilities Schedule W-AA Left blank for optional schedules Post-Construction Schedule BB ESCO’s Maintenance Responsibilities Schedule CC Owner’s Maintenance Responsibilities Schedule DD Facility Maintenance Checklist Schedules EE – II Left blank for optional schedules Administration Schedule JJ Alternative Dispute Resolution Procedures Schedule KK – OO Left blank for optional schedules Optional Schedules Pre-Existing Service Contracts Energy Savings Projections Facility Changes Checklist Current and Known Capital Projects at Facility Exhibits Exhibit I Performance Bond Exhibit II Labor and Material Payment Bond if required Exhibit III (i) Certificate of Acceptance—Investment Grade Audit Report Exhibit III (ii) Certificate of Acceptance—Installed Equipment Exhibit IV Equipment Warranties Optional Exhibits Manifest of Ownership Minority and Woman-Owned Business Certification Certification that Financing Term is no Longer than the Aggregated Equipment Lifetime Notice of Substantial Completion Notice to Proceed with Construction Phase Record of Reviews by Owner Appendices Appendix A RFP for ESCO Solicitation (Pre-qualification Phase; Final Selection Phase) Appendix B ESCO Proposal (Pre-qualification Phase; Final Selection Phase) Appendix C Investment Grade Audit and Project Development Contract Appendix D Investment Grade Audit Report
Savings Guarantee. Subject to changes in the Factors, ESCO guarantees that the Agency will realize total Energy Unit Savings during the Energy Unit Savings Term of not less than the Guaranteed Savings set forth in Exhibit “D”.
Savings Guarantee. In consideration of the payment of the Annual M&V Fee, and upon the terms and subject to the conditions set forth herein, Chevron Energy Solutions warrants that Manhattan Beach USD will realize total EC Savings during the Energy Savings Term of not less than the total Guaranteed Savings (the “Savings Guarantee”), as the same may be adjusted from time to time for changes in Energy Rate Factors, Energy Use Factors and consequential revisions to the relevant Baseline.
Savings Guarantee. In consideration of the payment of the Annual M&V Fee, and upon the terms and subject to the conditions set forth herein, Opterra ES warrants that Customer will realize total EC Savings during the Energy Savings Term of not less than the total Guaranteed Savings (the “Savings Guarantee”), as the same may be adjusted from time to time for changes in Energy Use Factors and consequential revisions to the relevant Baseline.
Savings Guarantee. A. Guarantee Period ESCO shall provide a Savings Guarantee for the total of ECRMs implemented under this ESA for years from Effective Date (“Guarantee Period”).
Savings Guarantee. Xxxxx Engineering Corporation guarantees that the program described in the Guaranteed Energy Savings Performance Contract (the “Agreement”) to which this Performance Guarantee is attached as Exhibit C will recover a total of $1,368,320 in energy, wastewater and operational savings during the first ten (10) years of operation, beginning on the first day of the month following completion and final acceptance by the City regarding the installation of the equipment provided under the Agreement. If, at the end of any year during the guarantee period, the program has failed to achieve the annual guarantee of energy savings, Xxxxx Engineering Corporation will pay the City the difference between the annual energy guarantee and the actual energy savings amount. Energy savings that are achieved by the upgrades and the modifications in the Agreement prior to completion of the entire retrofit project (construction period savings) will be added to the first year actual annual energy savings amount. Xxxxx Engineering Corporation and the City also agree that if the actual annual energy savings amount exceeds the annual energy guarantee amount, such excess energy savings amounts will be added to the savings for any future year before calculating the savings amount. This guarantee, whether or not exercised, is Xxxxx Engineering Corporation’s sole liability with respect to any claim of energy savings.
Savings Guarantee. Upon the terms and subject to the conditions set forth herein, ENGIE Services U.S. warrants that Pleasant Valley SD will realize total EC Savings during the Energy Savings Term of not less than the total Guaranteed Savings (the “Savings Guarantee”), as the same may be adjusted from time to time for changes in Energy Rate Factors, Energy Use Factors and consequential revisions to the relevant Baseline.
Savings Guarantee. (a) Cenergistic’s commitment to the quality of the Program is evidenced by Cenergistic’s Savings Guarantee (as defined below). Cenergistic shall reimburse the College for the difference if the College’s Costs (as defined below) exceed its Total Savings, computed from the Start Date to the end of any Performance Year during the Term (“Savings Guarantee”). Due to the cumulative nature of the Savings Guarantee it is necessary to specify that Cenergistic shall not make reimbursement for amounts that Cenergistic has already reimbursed for a prior Performance Year. To be eligible for the Savings Guarantee the College must have substantially implemented the Program. If Cenergistic reasonably determines that the College is not substantially implementing the Program, Cenergistic shall give the College written notice of its determination (including specific details supporting Cenergistic’s determination and specific recommendations for appropriate College action) and, at Cenergistic’s election, the Performance Year and payment of the Monthly Fees shall be suspended for a period of up to four months as time to remedy. The College shall act within a reasonable time to cure such failure, with curative steps being taken within sixty (60) days after receipt of the written notice referenced above. If the parties are unable to agree on whether the College is substantially implementing the Program, the parties agree to meet to resolve the differences as set out in paragraph 13(c) below. “Substantial implementation of the Program” does not require the College to have implemented the Program in every detail. To “substantially implement” the Program means that the process of implementation is material to the extent that the program functions as intended. It requires that the Program has been implemented in its material elements, or almost fully implemented. The “College’s Costs” means the total amounts paid for the initial and renewal costs of the Software, and the Monthly Fees. Cenergistic shall pay the College a required reimbursement no later than 90 days after the results for the prior Performance Year have been finalized by Cenergistic and the energy specialist. If Cenergistic fails to make a required reimbursement, the College may terminate this contract without a payment of a Work Fee and recover the amount of the required reimbursement from Cenergistic.
