2009-316 - Laserfiche WebLink

Home Browse Search

the OWNER with a copy of the respective annual Guarantee Report for that annual time period . The COMPANY'S updated calculations shall be in accordance with this Savings Guarantee , and to the extent of calculating and adjusting for any Changes , shall be in accordance with trade industry standards and practices, and the COMPANY'S updated calculations ( including but not limited to adjustments for Changes) shall be final and conclusive . The OWNER shall retain the right to review and approve , which approval shall not be unreasonably withheld , the data collection process , and the data to be used in updating the baseline calculations. Such review may be conducted by a qualified , independent contractor selected by the OWNER , and approved by the COMPANY. ( B) In connection with each annual Guarantee Report, the COMPANY may also conduct a brief energy audit inspection of the OWNER facilities. This shall enable the COMPANY to determine what types of Changes the OWNER has made to its facility , business , or operations ( including , but not limited to , Changes) . (C ) If a Guarantee Report indicates that the respective Annual Energy Cost Savings for the then current annual Guarantee Report period is at least equal to the Annual Guaranteed Savings amount for such annual period , then the COMPANY shall be deemed to have achieved and performed the Savings Guarantee for such annual period and shall not have any further obligation under this Savings Guarantee for such annual period or any prior annual period , and shall not be obligated to take any further action until the next scheduled annual Guarantee Report period . ( D) In the event of the OWNER removal , destruction , substitution , modification , or other alteration of the Equipment, any Changes , or the OWNER failure to operate the Equipment for the hours or at the levels set forth in the Agreement or this Savings Guarantee ( including , but not limited to, Changes) , the COMPANY may adjust the Annual Energy Cost Savings to reflect savings as if the OWNER had not made any such Changes and as if the OWNER had continued to operate the Equipment in accordance with the Operating Plan , and this adjustment shall apply for all purposes of the Guarantee Report and calculation of the Annual Energy Cost Savings and satisfaction of this Savings Guarantee. SECTION 5. EXCLUSIVE REMEDIES OF OWNER (A) Prior to delivery of any annual Guarantee Report, in the event that such Guarantee Report would indicate that the Equipment will otherwise fail to produce Annual Energy Cost Savings in an amount at least equal to the Annual Guaranteed Savings for such annual period (and such situation is not caused by the OWNER failure to operate the Equipment per this Savings Guarantee) , the COMPANY may, on one or more occasions , take action to cause the Annual Energy Cost Savings to equal or exceed the Annual Guaranteed Savings , including but not limited to fine tuning of Equipment, the addition of implementation methods , operation methods , or energy conservation measures which increase the Annual Energy Cost Savings . In any such remedy case , the COMPANY shall provide the OWNER with notice of any such activity including an annual Guarantee Report, which will provide the appropriate details. Any such action shall not adversely impact facility operations nor impede on normal facility functionality. ( B) The COMPANY may take all other actions to help the Annual Energy Cost Savings equal or exceed the Annual Guaranteed Savings , including but not limited to the addition of implementation methods , operation methods , or energy conservation measures which increase the Annual Energy Cost Savings . The OWNER shall have the right to review and approve , which approval shall not be unreasonably withheld , any such action to ensure that they do not adversely impact facility operations nor impede on normal facility functionality. ( C ) If, after taking the actions described above (which the COMPANY shall describe to the OWNER in the Guarantee Report) and performing any follow up which the COMPANY deems necessary , such Guarantee Report still indicates that the Annual Energy Cost Savings in such Guarantee Report is not at least equal to the Annual Guaranteed Savings amount for such annual period , then the COMPANY shall pay to the OWNER an amount equal to the difference for such respective annual period between the Annual Guaranteed Savings amount and the Annual Energy Cost Savings in such annual Guarantee Report. This shall only be for Indian River County, Florida 5 Indian River County Phase 2 Phase 11 Rev . 10/09