Examples of Annual Guaranteed Savings in a sentence
To the extent the PEA or the City rejects the Design and Engineering Documents or any portion thereof, and such rejection causes a change to the Contract Sum, the time of completion, the Annual Guaranteed Savings, the Total Guaranteed Savings or any component of this Contract, there shall be an equitable adjustment made.
Where there is a Material Change that affects the calculations described and set forth in Schedule E (Baseline Energy Consumption; Baseline Adjustments) and Schedule F (Measurement and Verification), an equitable adjustment shall be made to the calculations described and set forth in same, which may include an equitable adjustment to the baseline, the Annual Guaranteed Savings and the Total Guaranteed Savings.
In the event that the actual savings achieved during any one year of the Guarantee Period are less than the Annual Guaranteed Savings set forth in Schedule C (Energy Savings Guarantee), ESCO shall pay the City an amount equal to the deficiency (“Shortfall Payment”).
Where the Guarantee Period is deferred to the first day of the Fiscal Year, an equitable adjustment to the Annual Guaranteed Savings and Total Guaranteed Savings shall be mutually agreed to between the Parties.
The Parties acknowledge and agree that the Annual Guaranteed Savings and Total Guaranteed Savings set forth on Schedule C (Energy Savings Guarantee) cannot be realized and maintained unless certain ongoing procedures and methods of operation designed for energy conservation (collective known as “ECM Service Responsibilities”) are implemented and followed by the PEA, PMA and the City, on a regular and continuous basis, and by ESCO as required by this Agreement.
The Parties further acknowledge and agree that PEA is relying upon the ESCO’s skill, knowledge, professional training, and experience to develop a program for Selected ECM service that it can utilize to realize said Annual Guaranteed Savings and Total Guaranteed Savings during the Guarantee Period.