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2009-316
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2009-316
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Last modified
3/17/2016 11:43:02 AM
Creation date
10/1/2015 4:01:46 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/08/2009
Control Number
2009-316
Agenda Item Number
8.G.
Entity Name
FPL Energy Services
Subject
Implementation Services Authorization Conservation Measures
Phase 2
Supplemental fields
SmeadsoftID
10897
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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 <br />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 <br /> effect 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 Reportmeans 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 <br /> 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 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 <br />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 , 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 2 <br /> Phase 11 Rev . 10/09 <br />
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