Laserfiche WebLink
Annual Energy Cost Savings , and include (without limitation ) changes in the primary use of any facility covered <br /> by this Savings Guarantee , changes to operating hours , levels of use , occupancy , changes to utility suppliers , <br /> method of utility billing or utility purchasing , any casualty , loss , destruction of Equipment, any changes to the <br /> Equipment or any facility , any failure to adequately or properly maintain Equipment . For purposes of clarity , <br /> conditions that are deemed to be Changes need not be specifically identified as an underlying assumption or <br /> baseline by COMPANY . <br /> " Contract Utility Rates" means the rates set forth in Attachment 2 (applicable for the entire Savings <br /> Guarantee Term ) . The rates shall be the prevailing utility rates plus all surcharges and taxes in effect <br /> and <br /> applicable to the OWNER as in effect on the date of this Guarantee . <br /> " COMPANY" has the meaning in the Agreement, FPL ENERGY SERVICES , INC . <br /> " Equipment" means the Load Reduction Equipment and the Load Shift Equipment. <br /> " Final Acceptance Date" means the date that the COMPANY and the OWNER designate all work <br /> associated with the Equipment/Project is complete . <br /> "Guarantee Report" means the respective annual report issued by the COMPANY to the OWNER , <br /> during each calendar year anniversary occurring during the Savings Guarantee Term which provides the <br /> results and supporting information of the COMPANY'S calculation of the Annual Guaranteed Savings , <br /> conducted per the Post Installation Measurement(s ) , and as adjusted by the COMPANY in accordance with this <br /> Savings Guarantee . <br /> "Load Reduction Equipment" means those items of Equipment, which are to achieve load reduction <br /> as designated by the COMPANY in the Guarantee Report. <br /> "Load Shift Equipment" means those items of Equipment, which are to achieve load shift as <br /> designated by the COMPANY in the Guarantee Report . <br /> " Measured Load Reduction means the difference between the OWNER electric energy load from <br /> (A) the pre-existing equipment which was retrofitted and/or replaced by the COMPANY with the <br /> Load <br /> Reduction Equipment, and ( B ) the greater of ( 1 ) OWNER actual use of the Load Reduction Equipment or (2 ) <br /> the agreed upon level of use of the Load Reduction Equipment in accordance with the Operating Plan . <br /> " Measured Load Shift" means the amount of the OWNER electric energy load shifted from (A) the <br /> use of non -Load Shift Equipment ( identified at the time of the Pre-Installation Measurement) during the On <br /> Peak Rate Categories to ( B) the greater of ( 1 ) OWNER actual use of the Load Shift Equipment or ( <br />2) the <br /> agreed upon level of use of the Load Shift Equipment in accordance with the Operating Plan . <br /> " Measured Savings" means ( 1 ) the Measured Load Reduction times the Contract Utility Rates <br /> calculated for such period , plus (2 ) the Measured Load Shift times the difference between the applicable On <br /> Peak Rate Categories and Off Peak Rate Categories , calculated for such period . <br /> "Off Peak Rate Categories " means the lower of ( 1 ) any applicable off peak rate categories or non - <br /> prime rate categories of the utility providing service to the OWNER as in effect on the date of the Agreement, or <br /> (2) any applicable off peak rate categories or non -prime rate categories of the utility providing service to the <br /> OWNER as in effect on the date of the COMPANY'S delivery of the respective annual Guarantee Report to the <br /> OWNER . The COMPANY' S calculation of the Off Peak Rate Categories shall include and be based upon a <br /> calculated and imputed escalation rate set forth in the Exhibits to this Savings Guarantee , <br /> which the <br /> COMPANY and the OWNER agree to be a reasonable rate of historic increase for purposes of calculating this <br /> Savings Guarantee ( and for no other purpose) . <br /> "On Peak Rate Categories " means the greater of ( 1 ) any applicable on peak rate categories or prime <br /> rate categories of the utility providing service to the OWNER as in effect on the date of the Agreement, plus all <br /> surcharges and taxes applicable thereto , or ( 2 ) any applicable peak rate categories or prime rate categories of <br /> Indian River County , Florida 3 Indian River County Phase 1 <br /> Phase I Rev . 1 /05/09 <br />