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Annual Energy Cost Savings , and include (without limitation ) changes in the primary use of any facility covered by this Savings Guarantee , changes to operating hours , levels of use , occupancy , changes to utility suppliers , method of utility billing or utility purchasing , any casualty , loss , destruction of Equipment, any changes to the Equipment or any facility , any failure to adequately or properly maintain Equipment. For purposes of clarity , conditions that are deemed to be Changes need not be specifically identified as an underlying assumption or baseline by COMPANY . " Contract Utility Rates " means the rates set forth in Attachment 2 ( applicable for the entire Savings Guarantee Term ) . The rates shall be the prevailing utility rates plus all surcharges and taxes in effect and applicable to the OWNER as in effect on the date of this Guarantee . " COMPANY" has the meaning in the Agreement, FPL ENERGY SERVICES , INC . " Equipment" means the Load Reduction Equipment and the Load Shift Equipment . " Final Acceptance Date " means the date that the COMPANY and the OWNER designate all work associated with the Equipment/Project is complete "Guarantee Report" means the respective annual report issued by the COMPANY to the OWNER , during each calendar year anniversary occurring during the Savings Guarantee Term which provides the results and supporting information of the COMPANY' S calculation of the Annual Guaranteed Savings , conducted per the Post Installation Measurement( s ) , and as adjusted by the COMPANY in accordance with this Savings Guarantee . " Load Reduction Equipment" means those items of Equipment , which are to achieve load reduction as designated by the COMPANY in the Guarantee Report . " Load Shift Equipment" means those items of Equipment, which are to achieve load shift as designated by the COMPANY in the Guarantee Report, " Measured Load Reduction " means the difference between the OWNER electric energy load from (A) the pre-existing equipment which was retrofitted and/or replaced by the COMPANY with the Load Reduction Equipment, and ( B ) the greater of ( 1 ) OWNER actual use of the Load Reduction Equipment or ( 2 ) the agreed upon level of use of the Load Reduction Equipment in accordance with the Operating Plan . " Measured Load Shift" means the amount of the OWNER electric energy load shifted from (A) the use of non- Load Shift Equipment ( identified at the time of the Pre- Installation Measurement) during the On Peak Rate Categories to ( B ) the greater of ( 1 ) OWNER actual use of the Load Shift Equipment or (2 ) the agreed upon level of use of the Load Shift Equipment in accordance with the Operating Plan . " Measured Savings " means ( 1 ) the Measured Load Reduction times the Contract Utility Rates calculated for such period , plus ( 2 ) the Measured Load Shift times the difference between the applicable On Peak Rate Categories and Off Peak Rate Categories , calculated for such period . " Off Peak Rate Categories " means the lower of ( 1 ) any applicable off peak rate categories or non - prime rate categories of the utility providing service to the OWNER as in effect on the date of the Agreement, or (2 ) any applicable off peak rate categories or non -prime rate categories of the utility providing service to the OWNER as in effect on the date of the COMPANY' S delivery of the respective annual Guarantee Report to the OWNER . The COMPANY' S calculation of the Off Peak Rate Categories shall include and be based upon a calculated and imputed escalation rate set forth in the Exhibits to this Savings Guarantee , which the COMPANY and the OWNER agree to be a reasonable rate of historic increase for purposes of calculating this Savings Guarantee ( and for no other purpose ) . " On Peak Rate Categories " means the greater of ( 1 ) any applicable on peak rate categories or prime rate categories of the utility providing service to the OWNER as in effect on the date of the Agreement, plus all surcharges and taxes applicable thereto , or (2 ) any applicable peak rate categories or prime rate categories of Indian River County , Florida 3 Indian River County Phase 1 Phase I Rev . 06/09