Energy Perform. Siemens Building T. Parish, with its prin

Transcription

1 ENERG

2 This Contract for E Contract ") is made Siemens Building T Parish, with its prin

3 Energy Perfor Customer agrees t maintenance and o The agreed to Con all materials, labo Payment terms are

4 during the Term of concerning energy most current twelve changes in the buil requirements; desc Customer has furni

5 SECTION 4.2. Ce SECTION 4.3. Pe be the first day of t Customer and whe installation and all Installed by ESC and Equipment In

6 appropriations were kind whatsoever, e SECTION 5.1 ES Agreement, or unti

7 If during any twelve Guaranteed Energy energy savings proj SECTION 5.4. ES Guarantee, so as to Customer in conne as set forth in Sche

8 By the 30 day afte Premises that it sha ESCO shall calcula complies with the I established by the D SECTION 5.6. M shall be calculated

9 Energy Perfo During the Term o affix or install any change or impair t prior written appr

10 disposal, discharge listed in the forego agrees that if perfor perform or arrange the work. In the event ESCO remove all ESCO p

11 SECTION 9. ACC SECTION 9.1. M account for as- insta ESCO shall re- valid SECTION 9.2. Sy thorough and syste

12 S SECTION Equipment, includ and paid for by the permits and appro responsible for pa equipment by ESC Energy Perfo

13 SECTION 12.3 S or entity supplying Equipment. Each a subject of such sub this Agreement. No whatsoever betwee SECTION E

14 SECTION O ESCO specifically i by the Customer in ESCO shall provide subsequent to any t Customer. Softwar Customer.

15 repairs, and adjustm responsible for and Energy Perfor SECTION warranty period, th Monitoring, Main service, repairs, an

16 Energy Perfor SECTION M Premises, whether increase or decreas forth in Schedule E Calculation Form in a Material Chang

17 determine what, if forth in Schedule F Baseline) and Sch Energy Perfor SECTION Material Changes account for this ch ESCO shall report

18 Insurance coverage other insurance de Energy Perfor 1. Workers' Com Exception: Em maritime expo 2. Commercial G

19 inception of any wo SECTION O SECTION A SECTION A

20 acquire buil limitations constructio be responsib signing his cost of build b. If any o

21 Energy Perfor ESCO shall furnis The certificate for coverage on its be commences. The insurance policies attached (EXHIBIT CERTIFICATE O

22 Energy Perfor 3. DE An Cu suc off pay exp

23 e.

24 Energy Perfor

25 including co defense and In no event Agreement

26 SECTI If a party ( "perform Contract due to acts Agreement shall at suspended until the agreement is null a agree that the build

27 misl iii) Fail spe ESC iv) Prov ii) Any

28 iii) The be u sha pert subco con stat

29 SECTI Agre unde Customer hereby w i) Cus

30 v) The Ag vi) The ele tha com Equ Energy Perfo

31 This Agreement, w as provided for by t Agreement may no parties hereto. SECTION E

32 Energy Perfor NOTICE TO CUS SE SECTION T

33 The following Sch and are made a par SECTION 35.1 S Schedule A

34 Americans with Dis ESCO agrees not to contract without reg Amendments of 19 or disabilities. Any act of discrimi

35 S Based on the Techn Lighting Equipme facilities:

36 Percy Herbert Bu 1801 Airline Highw ESCO shall comply and new units to be La Place, La 1) Replace the

37 SCHEDULE B. D The following is a d contract, the scope

38 SCH The Savings Calcu F. The Performanc TSP) with the ESC breaches or cancels immediately.

39 Should the Actual A than the Accumulat Shortfall within 60 Any operational an Facilities after the C any rebates resultin

40 SCHEDULE D John the Baptist P herein called the This Performance day of October, 2 with offices at 15

41 6. INDEMNIFIC agents from an arising out of t 7. FORCE MAJ party shall be d conditions of th insurrections, w Energy Perfor

42 written n represen or in any knowing ESCO b by it her assignm trustee,

43 pledge, hypothe any interest in t be used by anyo Customer, may of ESCO. ESC 11. ASSIGNMEN unreasonably, o

44 18. ENTIRE AGR hereto and incor with respect to t written commu Agreement. 19. SEVERABILI be ineffective to

45 The following defin meaning unless the Definitions Energy Conserv and/or softwa

46 adjustments will be Agreement. When energy savin investigate to deter interviews with site related concerns or of this Agreement.

47 recommend d. Control Lo control loop characterist e. System Pre system com determined

48 b. On -Line R corrective m c. On -Site Re no case late as determin on -site resp Energy Perfor preventive

49 negotiatio compensa ESCO, at such repa E. Future R impact up benefit of

50 replac 2. For eq provid warra covera origin Equip

51 Energy Perfor m Taxes The amount of an the Customer with Agreement. ESC any tax for which the course of this Payment Schedule

52 ESCO has reviewe using a twelve to t data. The baseline established, St. Joh Should dramatic ch

53 according to the pro Base Year Utility r SAVINGS Calculation of Act ESCO will calculat plus the Operationa

54 such info of receip c) Remote M Building foregoin requests

55 read pred Costs use bill or the The rate a time -of com

56 The Baselin demand adj BL = B where: BL B

57 The energ CS = (( D where: CS = dr =

58 SC The construction pe The project schedul Parish Council and

59 SCHED A substantial comp implementation wit all required commis

60 It is expected that a occupancy. Minor comfort for unusua providing comfort Space Temperatu

61 SCHE In order to assist ES Program and to enc expense: 1. Customer to op Subject to the E

62 operation, lack assumes no resp persons authoriz 3. Customer shall negligence, abu inadequate repa the part of the C

63 Energy Perfor ESCO represents t to be performed. C 1. It has all requis execution here

64 THE EXPRESS LIM INCLUDING WITH locations without th Permitted Users and jointly and severally damages arising the AND EXCLUDE A

65 Energy Perfor SCHE Payments for the The Customer agr with the financing not reflected in the

66 Energy Perfor ESCO will invoice mobilization, mate Conservation Mea and Customer will completion. Paym If the Customer be

67 EXHIBITS If St. John the Bapt

68 CERTIF The form following installations, in who

69 Energy Perfor SIEMENS Certificate of A Sign -Off Sheet

70 Two full sets of Op substantial complet

71 Energy Perform

72 D, C E R PRODUCER 1 MARSH USA INC. 44 Whippany Road P.O. Box 1966 Monistown, NJ BA INSURED SIEMENS BUILDING T 1000 DEERFIELD PAR BUFFALO GROVE, IL

73 Energy Perfo

74 APPENDICES Following this page

75