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This Contract for E Contract ") is made Siemens Building T Parish, with its prin
Energy Perfor Customer agrees t maintenance and o The agreed to Con all materials, labo Payment terms are
during the Term of concerning energy most current twelve changes in the buil requirements; desc Customer has furni
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
appropriations were kind whatsoever, e SECTION 5.1 ES Agreement, or unti
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
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
Energy Perfo During the Term o affix or install any change or impair t prior written appr
disposal, discharge listed in the forego agrees that if perfor perform or arrange the work. In the event ESCO remove all ESCO p
SECTION 9. ACC SECTION 9.1. M account for as- insta ESCO shall re- valid SECTION 9.2. Sy thorough and syste
S SECTION 11.1. Equipment, includ and paid for by the permits and appro responsible for pa equipment by ESC Energy Perfo
SECTION 12.3 S or entity supplying Equipment. Each a subject of such sub this Agreement. No whatsoever betwee SECTION 12.4. E
SECTION 14.2. O ESCO specifically i by the Customer in ESCO shall provide subsequent to any t Customer. Softwar Customer.
repairs, and adjustm responsible for and Energy Perfor SECTION 16.1. warranty period, th Monitoring, Main service, repairs, an
Energy Perfor SECTION 18.1. M Premises, whether increase or decreas forth in Schedule E Calculation Form in a Material Chang
determine what, if forth in Schedule F Baseline) and Sch Energy Perfor SECTION 18.3. Material Changes account for this ch ESCO shall report
Insurance coverage other insurance de Energy Perfor 1. Workers' Com Exception: Em maritime expo 2. Commercial G
inception of any wo SECTION 19.6. O SECTION 19.4. A SECTION 19.5. A
acquire buil limitations constructio be responsib signing his cost of build b. If any o
Energy Perfor ESCO shall furnis The certificate for coverage on its be commences. The insurance policies attached (EXHIBIT CERTIFICATE O
Energy Perfor 3. DE An Cu suc off pay exp
e.
Energy Perfor
including co defense and In no event Agreement
SECTI If a party ( "perform Contract due to acts Agreement shall at suspended until the agreement is null a agree that the build
misl iii) Fail spe ESC iv) Prov ii) Any
iii) The be u sha pert subco con stat
SECTI Agre unde Customer hereby w i) Cus
v) The Ag vi) The ele tha com Equ Energy Perfo
This Agreement, w as provided for by t Agreement may no parties hereto. SECTION 28.1. E
Energy Perfor NOTICE TO CUS SE SECTION 32.1. T
The following Sch and are made a par SECTION 35.1 S Schedule A
Americans with Dis ESCO agrees not to contract without reg Amendments of 19 or disabilities. Any act of discrimi
S Based on the Techn Lighting Equipme facilities:
Percy Herbert Bu 1801 Airline Highw ESCO shall comply and new units to be La Place, La 1) Replace the
SCHEDULE B. D The following is a d contract, the scope
SCH The Savings Calcu F. The Performanc TSP) with the ESC breaches or cancels immediately.
Should the Actual A than the Accumulat Shortfall within 60 Any operational an Facilities after the C any rebates resultin
SCHEDULE D John the Baptist P herein called the This Performance day of October, 2 with offices at 15
6. INDEMNIFIC agents from an arising out of t 7. FORCE MAJ party shall be d conditions of th insurrections, w Energy Perfor
written n represen or in any knowing ESCO b by it her assignm trustee,
pledge, hypothe any interest in t be used by anyo Customer, may of ESCO. ESC 11. ASSIGNMEN unreasonably, o
18. ENTIRE AGR hereto and incor with respect to t written commu Agreement. 19. SEVERABILI be ineffective to
The following defin meaning unless the Definitions Energy Conserv and/or softwa
adjustments will be Agreement. When energy savin investigate to deter interviews with site related concerns or of this Agreement.
recommend d. Control Lo control loop characterist e. System Pre system com determined
b. On -Line R corrective m c. On -Site Re no case late as determin on -site resp Energy Perfor preventive
negotiatio compensa ESCO, at such repa E. Future R impact up benefit of
replac 2. For eq provid warra covera origin Equip
Energy Perfor m Taxes The amount of an the Customer with Agreement. ESC any tax for which the course of this Payment Schedule
ESCO has reviewe using a twelve to t data. The baseline established, St. Joh Should dramatic ch
according to the pro Base Year Utility r SAVINGS Calculation of Act ESCO will calculat plus the Operationa
such info of receip c) Remote M Building foregoin requests
read pred Costs use bill or the The rate a time -of com
The Baselin demand adj BL = B where: BL B
The energ CS = (( D where: CS = dr =
SC The construction pe The project schedul Parish Council and
SCHED A substantial comp implementation wit all required commis
It is expected that a occupancy. Minor comfort for unusua providing comfort Space Temperatu
SCHE In order to assist ES Program and to enc expense: 1. Customer to op Subject to the E
operation, lack assumes no resp persons authoriz 3. Customer shall negligence, abu inadequate repa the part of the C
Energy Perfor ESCO represents t to be performed. C 1. It has all requis execution here
THE EXPRESS LIM INCLUDING WITH locations without th Permitted Users and jointly and severally damages arising the AND EXCLUDE A
Energy Perfor SCHE Payments for the The Customer agr with the financing not reflected in the
Energy Perfor ESCO will invoice mobilization, mate Conservation Mea and Customer will completion. Paym If the Customer be
EXHIBITS If St. John the Bapt
CERTIF The form following installations, in who
Energy Perfor SIEMENS Certificate of A Sign -Off Sheet
Two full sets of Op substantial complet
Energy Perform
D, C E R PRODUCER 1 MARSH USA INC. 44 Whippany Road P.O. Box 1966 Monistown, NJ 07962-1 100129 -BA INSURED SIEMENS BUILDING T 1000 DEERFIELD PAR BUFFALO GROVE, IL
Energy Perfo
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