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Unless otherwise provided in the Feasibility Report, such training shall be conducted with respect to an ECO <br /> following the Substantial Completion Date of the ECO. <br /> 4.3 Imnlementation Price and Payment. <br /> 4.3.1 Implementation Price. The Customer shall pay to the Company the Implementation Price <br /> set forth in a Feasibility Report for all Implementation Services performed by the Company pursuant to a Customer <br /> authorized Implementation Services Authorization Form. The Implementation Price is the full compensation for <br /> such Implementation Services and includes all federal, state and local taxes, if any, including sales, use and excise <br /> taxes, assessed with respect to the Implementation Services or with respect to the furnishing of equipment and <br /> materials thereunder. <br /> 4.3.2 Implementation Price Payment. Subject to the requirements of the Local Government <br /> Prompt Payment Act, within thirty(30)days following the Substantial Completion Date or as otherwise set forth in <br /> the draw schedule attached to the Implementation Authorization Form,the Company shall provide an invoice to the <br /> Customer for all or any portion of the Implementation Price, in accordance with Section 4.2.5, together with any <br /> unpaid Feasibility Study Price for such ECO(s),and the Customer shall be obligated to pay the total of such amounts <br /> within thirty(30) days following receipt of the invoice. In the event the Master Agreement is terminated by either <br /> Party prior to the Substantial Completion Date, all accrued and unpaid Feasibility Study Price and Implementation <br /> Price, including any unpaid interest accrued upon such amounts, shall be paid by the Customer to the Company <br /> within thirty(30)days following the Customer's receipt of an invoice therefore. <br /> 4.3.3 Late Payment. Any overdue payment under Section 4.4 shall bear interest at the Delayed <br /> Payment Rate from the date such payment is due until and including the date of payment. <br /> 4.4 Identification of Energy Savings. As applicable and in accordance with applicable laws, the <br /> Company shall set forth appropriate systems and procedures for measuring and verifying the actual energy savings <br /> resulting from the Implementation Services of an ECO,which shall be set forth in an applicable Feasibility Report. <br /> 4.4.1 Energy Savings Guarantee. As set forth in and in accordance with the applicable <br /> Implementation Services Authorization Form,the Company has formulated and,subject to the adjustments provided <br /> for in Section 4.1.2, has guaranteed the annual level of energy and operations savings to be achieved as a result of <br /> the installation and operation of the ECO and provision of Services provided for in this Master Agreement. <br /> 4.4.2 Annual Review and Reimbursement/Reconciliation. The Company shall provide to the <br /> Customer an annual reconciliation of the guaranteed energy cost savings. If at the end of any calendar year during <br /> the guarantee period as specified in the applicable Implementation Services Authorization Form,the ECO has failed <br /> to achieve the specified annual energy savings guarantee,and,upon written request by the Customer,which shall be <br /> given no earlier than the end of such year and no later than forty-five(45)days thereafter,the Company will pay the <br /> Customer the difference between the annual amount guaranteed and the amount of actual energy and operations <br /> savings achieved at the Location in accordance with the provisions of the applicable Implementation Services <br /> Authorization Form. The Company shall remit such payments to the Customer within forty-seven (47) days of <br /> written notice by the County of such monies due. When the total energy savings in any one calendar year during the <br /> guarantee period exceed the energy savings guarantee as set forth in Implementation Services Authorization Form, <br /> and are in addition to those monies due the Company for compensation for Services rendered as set forth in <br /> Implementation Services Authorization Form, such excess savings shall first be applied to reimburse the Company <br /> for any payment the Company.made to Customer to meet the applicable ECO'guarantee for previous years in which <br /> the energy savings fell short of the applicable ECO' Energy Savings Guarantee under the terms as set forth in the <br /> applicable Implementation Services Authorization Form. Any excess savings not needed to reimburse the Company <br /> for prior year shortfalls shall be allocated to the Customer. <br /> 4.5 Bonds. On or before the Company commences Implementations Services at an ECO, the <br /> Company shall provide the Customer a one hundred percent(100%) performance bond and a labor and materials <br /> payment bond pursuant to Section 255.05, Florida Statutes, in an aggregate amount of not less than the <br /> Implementation Price. The Company's obligations to maintain a performance bond and a labor and materials <br /> Page 8 of 20 Rev 08/15/08 <br />