Common use of Annual Maintenance Fee; Reporting Clause in Contracts

Annual Maintenance Fee; Reporting. The Annual Maintenance Fee for the first Measurement Period will be invoiced by ENGIE Services U.S. to District in a lump sum on the M&V Commencement Date. All subsequent Annual Maintenance Fees will be invoiced by ENGIE Services U.S. on the first day of the corresponding Measurement Period. District, or its designee, will pay ENGIE Services U.S. such Annual Maintenance Fee, without any retention amount withheld, within thirty (30) calendar days after its receipt of the corresponding invoice. Any failure to timely pay the Annual Maintenance Fee in accordance with this Attachment F will be a material default by District, and ENGIE Services U.S., in addition to any other legal, contractual and equitable remedies available to it, will have no obligation thereafter to provide Maintenance Services. Any amount not paid when due will, from and after the due date, bear Interest. Accrued and unpaid Interest on past due amounts (including Interest on past due Interest) will be due and payable upon demand. The Annual Maintenance Fee is not refundable for any reason. Upon completion of any maintenance or repair work, ENGIE Services U.S. will update service logs detailing the work performed, location and any notes relevant to safe and efficient operations. These service logs will be compiled and submitted to District on a quarterly basis. If ENGIE Services U.S. is no longer the provider of Maintenance Services, District’s new provider will maintain similar service logs. ENGIE Services U.S. will have reasonable access to inspect service logs to determine that adequate Maintenance Services are being performed.

Annual Maintenance Fee; Reporting. The Annual Maintenance Fees for the first and second Measurement Periods are included in the Contract Amount. The Maintenance Services will terminate on the first day of the third Measurement Period, unless ConFire delivers written notice to OpTerra Energy Services, within thirty (30) calendar days after its receipt of the prior Measurement Period’s Energy Savings Report, of its intent to renew the Maintenance Services for an additional Measurement Period. ConFire may thereafter renew the Maintenance Services for additional one (1) year periods (through the thirtieth (30th) Measurement Period) by delivering written notice to OpTerra Energy Services, within thirty (30) calendar days after its receipt of the prior Measurement Period’s Energy Savings Report, of its intent to renew the Maintenance Services for an additional Measurement Period. If ConFire timely elects to renew the Maintenance Services for the third and subsequent Measurement Periods, the Annual Maintenance Fee for the first such Measurement Period will be invoiced by ENGIE OpTerra Energy Services U.S. to District ConFire in a lump sum on the M&V Commencement Dateimmediately following OpTerra Energy Services’ receipt of ConFire’s written notice of renewal. All subsequent Annual Maintenance Fees will be invoiced by ENGIE Services U.S. on the first day of the corresponding Measurement Period. DistrictConFire, or its designee, will pay ENGIE OpTerra Energy Services U.S. such the Annual Maintenance Fee, without any retention amount withheld, within thirty forty-five (3045) calendar days after its receipt of the corresponding invoice. Any failure to timely pay the Annual Maintenance Fee in accordance with this Attachment F will be a material default by DistrictConFire, and ENGIE Services U.S.OpTerra Energy Services, in addition to any other legal, contractual and equitable remedies available to it, will have no obligation thereafter to provide Maintenance Services. Any amount not paid when due will, from and after the due date, bear Interest. Accrued and unpaid Interest on past due amounts (including Interest on past due Interest) will be due and payable upon demand. The Annual Maintenance Fee is not refundable for any reason. Upon completion of any maintenance or repair work, ENGIE OpTerra Energy Services U.S. will update service logs detailing the work performed, location and any notes relevant to safe and efficient operations. These service logs will be compiled and submitted to District ConFire on a quarterly basis. If ENGIE OpTerra Energy Services U.S. is no longer the provider of Maintenance Services, DistrictConFire’s new provider will maintain similar service logs. ENGIE OpTerra Energy Services U.S. will have reasonable access to inspect service logs to determine that adequate Maintenance Services are being performed.

Annual Maintenance Fee; Reporting. The Annual Maintenance Fee for the first Measurement Period will be invoiced by ENGIE OpTerra Energy Services U.S. to District Merced County in a lump sum on the M&V Commencement Date. All subsequent Annual Maintenance Fees will be invoiced by ENGIE OpTerra Energy Services U.S. on the first day of the corresponding Measurement Period. DistrictMerced County, or its designee, will pay ENGIE OpTerra Energy Services U.S. such Annual Maintenance Fee, without any retention amount withheld, within thirty twenty (3020) calendar days Business Days after its receipt of the corresponding invoice. Any failure to timely pay the Annual Maintenance Fee in accordance with this Attachment F will be a material default by DistrictMerced County, and ENGIE Services U.S.OpTerra Energy Services, in addition to any other legal, contractual and equitable remedies available to it, will have no obligation thereafter to provide Maintenance Services. Any amount not paid when due will, from and after the due date, bear Interest. Accrued and unpaid Interest on past due amounts (including Interest on past due Interest) will be due and payable upon demand. The Annual Maintenance Fee is not refundable for any reason. Upon completion of any maintenance or repair work, ENGIE OpTerra Energy Services U.S. will update service logs detailing the work performed, location and any notes relevant to safe and efficient operations. These service logs will be compiled and submitted to District Merced County on a quarterly basis. If ENGIE OpTerra Energy Services U.S. is no longer the provider of Maintenance Services, DistrictMerced County’s new provider will maintain similar service logs. ENGIE OpTerra Energy Services U.S. will have reasonable access to inspect service logs to determine that adequate Maintenance Services are being performed.

Annual Maintenance Fee; Reporting. The Annual Maintenance Fee for the first Measurement Period will be invoiced by ENGIE Services U.S. to District Pleasant Valley SD in a lump sum on the M&V Commencement Date. All subsequent Subsequent Annual Maintenance Fees Fees, if any, will be invoiced by ENGIE Services U.S. on the first day of the corresponding Measurement Period. DistrictPleasant Valley SD, or its designee, will pay ENGIE Services U.S. such Annual Maintenance Fee, without any retention amount withheld, within thirty (30) calendar days after its receipt of the corresponding invoice. Any failure to timely pay the Annual Maintenance Fee in accordance with this Attachment F will be a material default by DistrictPleasant Valley SD, and ENGIE Services U.S., in addition to any other legal, contractual and equitable remedies available to it, will have no obligation thereafter to provide Maintenance Services. Any amount not paid when due will, from and after the due date, bear Interest. Accrued and unpaid Interest on past due amounts (including Interest on past due Interest) will be due and payable upon demand. The Annual Maintenance Fee is not refundable for any reason. Upon completion of any maintenance or repair work, ENGIE Services U.S. will update service logs detailing the work performed, location and any notes relevant to safe and efficient operations. These service logs will be compiled and submitted to District Pleasant Valley SD on a quarterly basis. If ENGIE Services U.S. is no longer the provider of Maintenance Services, DistrictPleasant Valley SD’s new provider will maintain similar service logs. ENGIE Services U.S. will have reasonable access to inspect service logs to determine that adequate Maintenance Services are being performed.

Annual Maintenance Fee; Reporting. The Annual Maintenance Fee for the first Measurement Period will be invoiced by ENGIE Services U.S. to District in a lump sum on the M&V Commencement Date. All subsequent Annual Maintenance Fees will be invoiced by ENGIE Services U.S. on the first day of the corresponding Measurement Period. District, or its designee, will pay ENGIE Services U.S. such Annual Maintenance Fee, without any retention amount withheld, within thirty (30) calendar days after its receipt of the corresponding invoice. Any failure to timely pay the an undisputed Annual Maintenance Fee in accordance with this Attachment F will be a material default by District, and ENGIE Services U.S., in addition to any other legal, contractual and equitable remedies available to it, will have no obligation thereafter to provide Maintenance Services. Any undisputed amount not paid when due will, from and after the due date, bear Interest. Accrued and unpaid Interest on past due amounts (including Interest on past due Interest) will be due and payable upon demand. The Annual Maintenance Fee is not refundable for any reason. Upon completion of any maintenance or repair work, ENGIE Services U.S. will update service logs detailing the work performed, location and any notes relevant to safe and efficient operations. These service logs will be compiled and submitted to District on a quarterly basis. If ENGIE Services U.S. is no longer the provider of Maintenance Services, District’s new provider will maintain similar service logs. ENGIE Services U.S. will have reasonable access to inspect service logs to determine that adequate Maintenance Services are being performed.