Non-Substitution. The Local Government acknowledges and agrees that the non-appropriation provisions of Section 3.10 and Article V hereof are not intended (i) to be used for convenience termination or (ii) for the purpose of replacing any portion of the Leased Property with other substantially identical property. The Local Government, to the extent permitted by applicable law, agrees not to utilize such provisions for such purposes.
Non-Substitution. The Lessee acknowledges and agrees that the non- appropriation provisions of Section 15.1 hereof are not intended to be used as a substitute for convenience termination nor for the purpose of replacing the Equipment with other substantially identical property. The Lessee, to the extent permitted by applicable law, acknowledges and agrees not to utilize such provisions for such purposes.
Non-Substitution. In the event of a termination of this contract due to the non-appropriation of funds or in the event this Contract is terminated by Contractor due to a default by the Agency, the Agency agrees, to the extent permitted by state law, not to purchase, lease, rent, borrow, seek appropriations for, acquire or otherwise receive the benefits of any of the same and unique services performed by Contractor under the terms of this Contract for a period of three-hundred sixty five (365) calendar days following such default by Agency, or termination of this Contract due to non-appropriations.
Non-Substitution. 12.1 The Security Interest is in addition to and not in substitution for any other security now or hereafter held by the Assignees.
Non-Substitution. This agreement and the Security Interest are in addition to and not in substitution for any other agreement made between the Secured Party and the Debtor or any other security granted by the Debtor to the Secured Party whether before or after the execution of this agreement.
Non-Substitution. The pledge and the Security Interest contemplated or granted herein are in addition to and not in substitution for any other security now or hereafter held by us.
Non-Substitution. 82. Authority. Schedules Savings Guarantee Schedule A Energy and Cost Savings Guarantee Schedule B Baseline Energy Consumption; Methodology to Adjust Baseline Schedule C Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements Schedules D-G [optional schedules] Payments and Schedule Schedule H Final Project Cost & Project Cash Flow Analysis Schedule I Financing Agreement and Payment Schedule Schedule J Compensation to Contractor for Annual Services Schedule K Rebates, Incentives and Grants Schedules L-P [optional schedules] Design and Construction Phase Schedule Q Description of Project Site(s) Schedule R Equipment to be Installed by Contractor Schedule S Construction and Installation Schedule Schedule T Systems Start-Up and Commissioning; Operating Parameters of Installed Equipment Schedule U Standards of Comfort Schedule V Contractor’s Training Responsibilities Schedules W-AA [optional schedules] Post-Construction Schedule BB Contractor’s Maintenance Responsibilities Schedule CC Agency’s Maintenance Responsibilities Schedule DD Facility Maintenance Checklist Schedules EE-II [optional schedules] Administration Schedule JJ Alternative Dispute Resolution Procedures Schedules KK-OO [optional schedules] Optional Schedules Pre-Existing Service Contracts Energy Savings Projections Facility Changes Checklist Current and Known Capital Projects at Facility Exhibits Exhibit IPerformance Bond Exhibit II Labor and Material Payment Bond Exhibit III EMNRD Certification of Contractor as Qualified Provider Exhibit IV EMNRD Certification of Guaranteed Energy Savings Exhibit V Agency Approval of Contracts and Agreements Exhibit VI Agency Certificate of Acceptance—Installed Equipment Exhibit VII Equipment Warranties Optional Exhibits Manifest of Ownership Minority and Woman-Owned Business Certification Certification that Financing Term is no Longer than the Aggregated Equipment Lifetime Notice to Proceed with Construction Phase Record of Reviews by Agency Appendices Appendix A RFP for Contractor Solicitation (Pre-qualification Phase; Final Selection Phase) Appendix B Contractor Proposal (Pre-qualification Phase; Final Selection Phase) Appendix C Investment-Grade Energy Audit and Project Development Contract Appendix D Investment-Grade Energy Audit Report STATE OF NEW MEXICO GALLUP ELECTRIC UTILITY PROFESSIONAL SERVICES CONTRACT # For Energy Performance Contracting THIS AGREEMENT is made and entered into by and between the City of ...
Non-Substitution. Client agrees not to enter into a contract, agreement or other legal instrument with a different counterparty for the provision of similar products or services, as determined by UA in its sole discretion, to the Client for a period of at least one (1) year if Client is required to terminate this Service Agreement pursuant to Section 8.2 herein.
Non-Substitution. The Security Interests granted or created under this Agreement are in addition to and not in substitution for any other security now or hereafter held by the Agent or the Lenders.
Non-Substitution. This Agreement and the Security Interest are in addition to and not in substitution for any other agreement made between the Pledgor and the Pledgee or any other security granted by the Pledgor to the Pledgee whether before or after the execution of this Agreement.
