2019-109A - Laserfiche WebLink

Home Browse Search

EXHIBIT 5 - DEFINITIONS "Accessible Meter" means any IRC water Meter: (i) not obstructed or blocked in a manner that prohibits reasonable access; (ii) the condition of which does not make installation of the meter impractical in terms of time, expense or safety; (iii) with respect to which National has access to the premises and the IRC water meter; (iv) where IRC has provided National with accurate and up-to-date customer contact information and/or physical access keys; and (v) where National's field crew does not encounter an Unsafe Condition or situation where the IRC meter has been tampered with. Without limiting the foregoing, an IRC Meter is not an Accessible Meter if National contacts the occupant on three (3) occasions (two (2) physical (door knock, etc.) and one (1) phone attempt) as required hereunder and is unable to install a meter or schedule an appointment for meter installation where access to the IRC Meter is not available without the cooperation of the occupant or owner of the premises. National will notify IRC when Meters are not Accessible and provide a reason or description for inaccessibility by end of the business day on which the meter was scheduled to be replaced. "Affiliates" shall mean, with respect to any entity, any other entity Controlling, Controlled by or under common Control with such entity. "Agreement" shall have the meaning specified in the Preamble. "AMR Meter" shall mean a Master Meter water meter capable of automatically collecting customer consumption information and wirelessly transferring that data to a central database. "AMR System" shall mean the technology of automatically collecting consumption information from an AMR meter and wirelessly transmitting the data to the MDM and then to the billing system. "Change Control Procedures" shall mean the change control procedures applicable to any Changes to this Agreement as set forth in Section 17.03. "Change in Control" shall mean the (1) consolidation or merger of a Party with or into any entity, (2) sale, transfer or other disposition of all or substantially all of the assets of a Party or (3) acquisition by any entity, or group of entities acting in concert, of beneficial ownership of 20 percent or more of the outstanding voting securities or partnership interests of a Party. "Change Order" shall mean a document issued by IRC for Changes to this Agreement as set forth in Section 17.03. "Change(s)" shall mean any change to (1) the Services, (2) the Equipment, Software or National Processes used to provide the Services that would materially alter the functionality, performance standards or technical environment of such Equipment or Software, (3) the manner in which the Services are provided, (4) the composition of the Services or (5) the cost to IRC of the Services. 70