Annual Review and Reimbursement/Reconciliation. QESP shall measure and calculate Energy Cost Savings as specified in Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting) and Schedule B (Baseline Energy Consumption; Methodology to Adjust Baseline) and shall prepare and deliver to Department an annual reconciliation report no later than forty-five (45) days following each (1) twelve-month anniversary of the Commencement Date, or (2) the date that QESP shall have received the last of the energy usage records and data referenced in Articles 3 and 5 of this SOW, whichever is later, for the entire term of this SOW, including the final report due on or before . If the reconciliation reveals a shortfall in annual Energy Cost Savings in any one year during the guarantee period, QESP shall make payment to the Department in the amount of the shortfall no later than days after the Department receives the reconciliation report. If the reconciliation reveals an excess in annual Energy Cost Savings, the excess savings shall remain with the Department, and shall not be used to cover potential Energy Cost Savings shortages in subsequent years or actual Energy Cost Savings shortages in previous years.
Annual Review and Reimbursement/Reconciliation. Cost savings shall be measured and/or calculated as specified in Schedule F (Measurement and Verification) and reported to the School District within ninety (90) days of the end of year for the previous year for each year of the Guarantee Period as set forth in Schedule T (Annual Reporting Requirements).
Annual Review and Reimbursement/Reconciliation. A. Energy-related cost savings shall be measured and/or calculated as specified in Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements) and a report provided within ninety (90) days of the end of the year for the previous year for each anniversary of the Commencement Date.
B. Annual savings shall exceed annual payments each and every year while this Contract is in effect. In the event the Energy and Cost Savings achieved during such guarantee year are less than the Guaranteed Energy and Cost Savings as defined in Schedule A (Savings Guarantee), Contractor shall pay the Agency an amount equal to the deficiency.
C. The Contractor shall remit such payments to the Agency within 60 days of written notice by the Agency of such monies due. Such excess savings will be retained by Agency and will not be allocated to shortfalls in savings in other years. In no event shall credit for excess savings be used to satisfy saving guarantees in any other year(s) of the Contract.
Annual Review and Reimbursement/Reconciliation. Contract Energy-related cost savings shall be measured and/or calculated as specified in Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting) and Schedule B (Baseline Energy Consumption; Methodology to Adjust Baseline) and a report provided within sixty (60) days of the end of the year for the previous year for each anniversary of the Commencement Date. In the event the Energy and Cost Savings achieved during such guaranteed year are less than the Guaranteed Energy and Cost Savings as defined in Schedule A (Savings Guarantee), the Department shall direct the ESCO to one of the following options to rectify the shortfall:
1. Fix and/or repair any deficiencies that are the cause of the shortfall at no cost to the Department.
2. Install additional equipment or perform additional measures to make up for the shortfall at no cost to the Department.
3. Pay the Department an amount equal to the deficiency. The ESCO shall remit such payments to the Department within sixty (60) days of written notice by the Department of such monies due. When the total energy savings in any one year during the guarantee period exceed the Energy and Cost Savings Guarantee as set forth in Schedule A (Savings Guarantee) and are in addition to those monies due the ESCO for compensation for services as set forth in Schedule J (Compensation to ESCO for Annual Services), such excess savings shall be retained by the Department. In no event shall credit for excess savings be used to cover savings shortfalls in previous years nor satisfy saving guarantees in future years of the Contract.
Annual Review and Reimbursement/Reconciliation. At the end of each year of this Contract and within a specified number of days, there will be a review and reconciliation of the actual achieved savings (subject to any adjustments made for weather, occupancy, operations etc.) with the Contractor’s guaranteed savings. If there is a savings shortfall, the Contractor is contractually liable to reimburse the Agency for the difference between what was actually achieved and the amount guaranteed. Annual savings shall exceed annual payments each and every year while this Contract is in effect. This means that excess savings in other years and interim savings during the construction period will not be allocated to meet shortfalls in any year. Annual payments include debt service, ESCO fees, maintenance services, monitoring services, and other services. Agency may negotiate to receive cash, equipment or services equivalent to any deficiency in savings.
Annual Review and Reimbursement/Reconciliation. Energy-related cost savings shall be measured and/or calculated as specified in Schedule E (Baseline Energy Consumption) and Schedule F (Savings Measurement and Calculation Formulae; Methodology to Adjust Baseline) and a report provided within forty-five (45) days of each anniversary of the Performance Commencement Date. ESCO has developed the measurement and verification procedures specified in Schedule F (Savings Measurement and Calculation Formulae; Methodology to Adjust Baseline) to comply with the requirements stipulated in the DME CaBEERE Volume 4: Measuring and Verification. In the event the Energy and Cost Savings achieved during such twelve-month period is less than the Guaranteed Energy and Cost Savings during the years the guarantee is in effect, ESCO shall pay the Customer an amount equal to the deficiency. If during any twelve-month period the Energy and Cost Savings achieved are greater than the Guaranteed Energy and Cost Savings, such excess Cost Savings shall be shared 50/50 between the Customer and the ESCO.
Annual Review and Reimbursement/Reconciliation. A. Energy-related cost savings shall be measured and/or calculated as specified in Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements) and a report provided within ninety (90) days of the end of the Guarantee Year after Contractor receives all utility billing and other operational data such as ECM trends logs reasonably requested by Contractor for the previous Guarantee Year for each anniversary of the Commencement Date.
B. Annual Energy Cost Savings shall exceed annual payments each and every year while this Contract is in effect. In the event the Energy Cost Savings achieved during a Guarantee Year are less than the Energy and Cost Savings Guarantee as defined in Schedule A (Savings Guarantee), Contractor shall pay the Agency an amount equal to the deficiency. In addition, Contractor may, upon agreement of the Agency and Contractor, at Contractor’s sole expense, install additional ECM(s), or modifications that are mutually agreed to by Agency in order to achieve the applicable Energy and Cost Savings Guarantee.
C. The Contractor shall remit such payments to the Agency within thirty (30) days of written notice by the Agency of such monies due. Excess savings in any guarantee year will be retained by Agency and will not be allocated to shortfalls in savings in other years. In no event shall credit for excess Guaranteed Energy Cost Savings be used to satisfy saving guarantees in any other year(s) of the Contract.
Annual Review and Reimbursement/Reconciliation. If at the end of any year during the guarantee period as specified in Schedule C, RES has failed to achieve the annual Energy Savings Guarantee specified in Schedule C, upon written request by the Customer, which shall be given no earlier than the end of such year and no later than six
Annual Review and Reimbursement/Reconciliation. Cost savings shall be measured and/or calculated as specified in Schedule F (Measurement and Verification) and reported to the PEA and the City within ninety (90) days of the end of year for the previous year for each year of the Guarantee Period as set forth in Schedule T (Annual Reporting Requirements).
Annual Review and Reimbursement/Reconciliation. If at the end of any year during the guarantee period as specified in Schedule B, RES has failed to achieve the annual Energy Savings Guarantee specified in Schedule B, upon written request by the Customer, which shall be given no earlier than the end of such year and no later than six (6) months thereafter, RES will pay the Customer the difference between the annual amount guaranteed and the amount of actual energy and operations savings achieved at the Premises in accordance with the provisions of Schedule C. RES shall remit such payments to the Customer within sixty (60) days of written notice by the Customer of such monies due.
