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<br />AGREEMENT <br /> <br />CONTRACTOR Contact: Jayson Naughton, Project Manager, CONTRACTOR (hereafter “CONTRACTOR Contact”). <br />CLIENT shall provide all the direction and supervision pursuant to this Agreement under the direction of the <br />CONTRACTOR Contact or the designated representative. <br /> <br />7.0 Contractor’s Duties <br />Equipment and Materials: CONTRACTOR shall provide all materials, and equipment necessary to perform the <br />Work. CONTRACTOR shall provide CLIENT with specifications, drawings, cut sheets, and other information <br />required by CLIENT regarding the materials and equipment for review, acceptance and approval pursuant to <br />Section 7.0 Acceptance, prior to implementation of the Work. <br /> <br />Installation Services: CONTRACTOR shall install, replace and refurbish equipment and energy systems <br />components at the Facility, as more specifically described in Exhibit A. CONTRACTOR shall provide CLIENT with <br />specifications, drawings, and other information required by CLIENT regarding installation, replacement and <br />refurbishment for review, acceptance and approval pursuant to Section 8.0 Acceptance, prior to implementation <br />of the Work. CONTRACTOR shall provide the installation, replacement and refurbishment services with <br />minimum interruption to the normal business of the Facility. CONTRACTOR shall perform all Work under this <br />Agreement according to the schedule set forth in Exhibit E. <br /> <br />8.0 Acceptance <br />Authority: The CLIENT Contact shall have final authority to review and approve specifications, drawings, and <br />related documents concerning the Work, to approve and accept all equipment, materials and services, and to <br />approve CONTRACTOR’s invoices for payment. No approval by the CLIENT will act as a waiver of the CLIENT’s <br />rights hereunder or relieve CONTRACTOR of its obligations hereunder. <br /> <br />Construction Documents: During the construction period, CONTRACTOR shall keep copies of Construction <br />Documents at the Facility for review by CLIENT at all reasonable hours and shall provide a complete set to the <br />CLIENT upon completion of each portion of the Work. <br /> <br />Satisfactory Performance: Within fifteen (15) Working Days of receipt of an invoice, CLIENT shall have the right <br />to review the Work performed by CONTRACTOR on the Facility, for purposes of determining whether the Work <br />is deemed satisfactory. Where CLIENT finds the Work performed by CONTRACTOR unsatisfactory, the CLIENT <br />Contact shall provide CONTRACTOR with a written notice of unsatisfactory Work within fifteen (15) Working <br />Days of its receipt of CONTRACTOR’s invoice. CONTRACTOR shall cure the Work within ten (10) Working Days <br />after receiving the CLIENT Contact’s notice of unsatisfactory Work. When the invoiced Work has been <br />completed to the satisfaction of the CLIENT Contact, the CLIENT Contact shall approve the invoice for payment. <br /> <br />Work Substantial Completion: Upon receipt of the written Notice of Substantial Completion documents by <br />CONTRACTOR, the CLIENT Contact shall review all Work and all project completion documents within fifteen (15) <br />Working Days. Upon approval of all Work and project completion documents, the CLIENT Contact shall send the <br />dated Certificate of Substantial Completion to all Parties. A punch list shall be created by the Parties prior to <br />issuance of Acceptance of Substantial Completion. <br />AGREEMENT Page 6 of 15 <br /> <br />