Construction Obligation to Modify Agreement. (a) As set forth in Section 5.2 (Use of Installation and/or Maintenance Subcontractors) herein, Cooperative may perform or have Contractor perform all or some of its obligations hereunder. To the extent Contractor is performing Cooperative’s obligations hereunder it will do so pursuant to the EMS Agreement, which is substantially similar in form and substance to the model energy management services agreement recommended for use by the Massachusetts Department of Energy Resources in accordance with M.G.L. c. 25A, §11C and 225 C.M.R. § 10.00 et seq. The Parties acknowledge that inconsistencies may exist between this Agreement and the EMS Agreement and that the Parties will use their best efforts to construe the two agreements harmoniously. If a conflict arises between the Contractor’s performance of Cooperative’s obligations hereunder pursuant to the EMS Agreement and the terms of this Agreement, the Parties will use their best efforts to reach a Commercially Reasonable resolution of the conflict. To the extent the Parties are unable to resolve such conflict, the Parties acknowledge and agree that their sole remedy shall be to utilize the Dispute Resolution procedures set forth in Section 12.1 of this Agreement.
Construction Obligation to Modify Agreement. Upon implementation by the Department of Public Utilities, Department of Energy Resources, or other Governmental Authority of any Applicable Legal Requirement that may affect any provision of this Agreement or the economic benefits anticipated by either Party, in particular any rule or regulation regarding Net Metering, the Parties shall be obligated to amend this Agreement and shall use their best efforts to conform such amendment to the original intent of this Agreement, including allocation of economic benefits to most closely approximate the benefits anticipated by both Parties, and to do so in a timely fashion.
Construction Obligation to Modify Agreement
