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1.15 Subcontractor means a third-party subcontractor who is retained by the Company to perform
<br /> installation or construction work at the Customer's Service Location(s) pursuant to a Customer-authorized
<br /> Implementation Services Authorization Form(as set forth in Section 4.1).
<br /> 1.16 Implementation Price means the compensation to be paid by the Customer to the Company for
<br /> performing Implementation Services with respect to particular ECO's at specified Service Locations.
<br /> 1.17 Implementation Services means the Services provided or proposed to be provided by the Company
<br /> to construct, install or otherwise implement one or more ECO's at specified Service Locations in accordance with
<br /> the terms of a Feasibility Report, which Services shall include, but not be limited to, (a) causing the procurement,
<br /> construction and installation of all materials,equipment and systems required to implement each ECO at a particular
<br /> Service Location, (b)providing and paying for all labor and support services necessary to perform such work, (c)
<br /> supplying to the Customer copies of any operation and maintenance manuals available from the manufacturers,
<br /> vendors and suppliers of equipment or systems comprising a part of any installed ECO, (d) providing on-site
<br /> training for a reasonable number of the Customer's designated operating personnel, if such training is reasonably
<br /> required or necessary for the proper operation and maintenance of any complex equipment or system comprising a
<br /> part of any installed ECO,and(e)arranging for the final inspection and check-out of each installed ECO.
<br /> 1.18 Master AUeement means this Master Agreement for Demand Side Management and Energy
<br /> Efficiency Services, including any and all schedules and exhibits attached thereto,as may be amended from time to
<br /> time. The terms, conditions, representations, warranties and other provisions of this Master Agreement shall apply
<br /> by reference to each and every Feasibility Study Proposal, Feasibility Report, and any other written proposal,
<br /> document,notice or Authorization Form issued under the terms of this Master Agreement,as if such provisions were
<br /> set forth expressly therein.
<br /> 1.19 Minor Deficiencies means, with respect to a particular ECO which has been determined by the
<br /> Company to be Substantially Complete,any construction,installation or other Implementation Services identified in
<br /> a Punch List which do not materially affect the ability of the ECO to properly operate and function in accordance
<br /> with its intended purpose pursuant to this Master Agreement and the terms and specifications contained in a
<br /> Customer-executed Implementation Services Authorization Form.
<br /> 1.20 Notice of Substantial Completion means a written notice issued by the Company to notify the
<br /> Customer of the substantial completion of the installation of an ECO.
<br /> 1.21 P_arty means the Company or Customer identified in the opening paragraph of this Master
<br /> Agreement.
<br /> 1.22 Parties means the Company and Customer identified in the opening paragraph of this Master
<br /> Agreement
<br /> 1.23 Payback Criteria means,with respect to an ECO,the number of years obtained by dividing(i) the
<br /> total estimated implementation cost of the ECO (including the costs incurred by the Company under this Master
<br /> Agreement, but excluding all financing costs associated with implementation of the ECO), by (ii) the estimated
<br /> savings to the Customer from the installed ECO, including energy savings, maintenance savings, avoided capital
<br /> costs, and other avoided costs as applicable. All such estimates shall be made by the Company, in its sole
<br /> professional judgment,and shall be binding upon the Customer for purposes of this Master Agreement.
<br /> 1.24 Person means any individual or entity of any type, including, but not limited to, corporations,
<br /> partnerships, business trusts, associations, governmental agencies, political subdivisions, state, district, college,
<br /> university,board or other organization.
<br /> 1.25 Pro ram means the demand side management Services provided by the Company for its customers
<br /> pursuant to a Company-initiated program known as the Energy Efficiency Services Program.
<br /> 1.26 Punch List means, with respect to a particular ECO, a list of Minor Deficiencies provided by the
<br /> Customer to the Company prior to the Customer's receipt and execution of a Notice of Substantial Completion.
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