|
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 Agreement 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 P4M 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 Program 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.
<br />Page 3 of 20 Rev 08/15/08
<br />
|