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<br />AGREEMENT <br /> <br />“Total Actual Savings” shall mean the sum of the reconciled utility cost savings, and the operation and <br />maintenance cost savings. <br /> <br />“Utility Savings” shall mean the difference between the utility consumption under the pre-contract conditions <br />and the utility consumption after the “Work” has been completed under the contract. Utility savings shall be <br />calculated in comparison to an established baseline of utility consumption. <br /> <br />“Work” means activities set forth in Exhibit A. <br /> <br />“Working Days” means Monday through Friday excluding State holidays. <br /> <br />3.0 Order of Precedence <br />In case of conflict between provisions of this Agreement, the order of precedence for conflict resolution in <br />descending order shall be as follows: (i) Change Orders, including amendments; (ii) the Agreement; and (iii) the <br />Exhibits. <br /> <br />4.0 Exhibits: The following Exhibits are attached hereto and made a part hereof thereby: <br />o Exhibit A – Scope of Work <br />o Exhibit B – Schedule of Payments <br />o Exhibit C – Certificates of Substantial Completion & Final Acceptance <br />o Exhibit D – Facility Operating Parameters & Utility Savings Calculation Methods <br />o Breakdown of Guarantee Savings <br />o Summary of Guarantee Savings <br />o Guarantee Reconciliation <br />o Technical Service Agreement <br />o Exhibit E – Project Schedule <br />o Exhibit F – Contractor’s Measurement and Verification Responsibilities <br />o Exhibit G – CLIENT’s Maintenance Responsibilities <br />o Exhibit H – General Requirements & Site-Specific Requirements <br />o Exhibit I – Insurance Coverage <br />o Exhibit J – Payment and Performance Bond <br />o Exhibit K – Assignment of Purchasing Agent <br /> <br />5.0 Term of Agreement <br />Effective Date: The Effective Date of this Agreement shall be the date all signatures required have been <br />obtained. CONTRACTOR shall not begin work under this Agreement until this Agreement is fully executed and <br />CONTRACTOR has been notified by CLIENT’s contact to begin the Work. <br /> <br />Term: Unless otherwise terminated, this Agreement shall expire seventeen (17) years after the Completion Date. <br /> <br />6.0 Contacts <br />For the purpose of administration of this Agreement, the following individuals will be the contact personnel <br />authorized to speak on behalf of the respective Parties. <br /> <br />CLIENT Contact: Cal Portner, City Administrator, (hereafter “CLIENT Contact”). CONTRACTOR shall render all <br />services pursuant to this Agreement under the direction of the CLIENT Contact or the designated representative. <br />AGREEMENT Page 5 of 15 <br /> <br />