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<br />AGREEMENT <br /> <br />“Completion Date” shall mean the date on which CLIENT issues the Certificate of Final Completion. “Completion <br />Date” shall also mean the “Date of Final Installation”. <br /> <br />“Contractor’s Property” shall mean any material, equipment, machinery, or other items, owned or controlled by <br />the Contractor that are not Owned by the Client. <br /> <br />“Extra Work” shall mean work outside the scope of this Agreement. <br /> <br />“Facility” shall mean building or structure where Work under the Agreement occurs. <br /> <br />“Facility Improvement Measures” shall mean any improvement included in the Work as listed on the summary <br />table in Exhibit A of this Agreement. <br /> <br />“Final Completion” shall mean that one or more Facility Improvement Measures as outlined in the summary <br />table of Exhibit A have met requirements for Substantial Completion and all punch list items and documentation <br />has been received. <br /> <br />“Guarantee Commencement Date” shall mean the Completion Date and the Date of Final Installation. <br />“Guarantee Term End Date” shall mean the date on which CONTRACTOR’s guarantee term ends. <br />“Guarantee Year” shall mean each twelve (12) month period during the term of this Agreement, beginning on <br />the Completion Date. <br /> <br />“Measured and Verified Savings” shall mean utility cost savings calculated using utility consumption data <br />recorded by utility meter(s). <br /> <br />“Parties” shall mean the Client and Contractor as defined in the first paragraph of the Agreement. <br /> <br />“Performance Assurance Services” shall mean services provided under the Technical Services Agreement section <br />of Exhibit D of the Agreement. <br /> <br />“Premises” shall mean location where Work done under this agreement is occurring and is owned or controlled <br />by the Client. <br /> <br />“Pre-agreed Savings” shall mean utility cost savings calculated using generally accepted engineering methods <br />when actual measurements are impossible or not cost effective. <br /> <br />“Project” shall mean the Work or scope of work as outlined in Exhibit A of this Agreement. <br /> <br />“Substantial Completion” shall mean one or more Facility Improvement Measures as outlined in the summary <br />table of Exhibit A has progressed to the point where, in the opinion of the CONTRACTOR as evidenced by his <br />Certificate of Substantial Completion, it is sufficiently complete, in accordance with the contract documents, so <br />that the Work can be utilized for the purposes for which it was intended; of if there be no such certificate issued, <br />when final payment is due. The term “substantially complete” and “substantially completed” as applied to any <br />work refer to Substantial Completion thereof. <br /> <br />“Technical Services Agreement” shall mean ongoing services provided after achievement of “Substantial <br />Completion” as outlined in Exhibit D of the Agreement. <br />AGREEMENT Page 4 of 15 <br /> <br />