Common use of Final ECM Acceptance Clause in Contracts

Final ECM Acceptance. a. A Final ECM Acceptance Notice shall be issued for each individual ECM when all requirements in this Section, Schedule A-5: Instructions/Model Forms and any requirements noted by DCAMM in the Substantial Completion Approval Notice including, without limitation, all Punch List items and updated Energy Savings calculations using the methodology established in the M&V procedures set forth in the M&V plan finalized pursuant to Section 21.3: Design Deliverables and Submittals, have been completed to the satisfaction of DCAMM. Upon completion of all such requirements, CONTRACTOR shall send to DCAMM a Final ECM Completion Notice requesting Final ECM Acceptance by DCAMM. The Final ECM Acceptance Notice shall be in the form prescribed by DCAMM, as set forth in Schedule A-5: Instructions/Model Forms. b. Within fifteen (15) days of receipt of the Final ECM Completion Notice, DCAMM shall: (i) Provide written approval of CONTRACTOR’s Final ECM Completion Notice by sending CONTRACTOR a Final ECM Acceptance Notice, or (ii) Notify CONTRACTOR in writing that it does not approve Final ECM Completion Notice and state the reasons for non-acceptance, which shall not be unreasonably withheld. c. The date on which DCAMM issues the Final ECM Acceptance Notice shall be the Final ECM Acceptance Date for each ECM and shall determine the date of the transfer of ownership pursuant to Section 38.4: Title to Installed New Equipment/Systems. Prior to the Final ECM Acceptance Date, all Energy Savings calculations set forth in Schedule B-6: Payment Terms, Total Contract Value, and Energy Savings shall be adjusted and resubmitted by CONTRACTOR according to as-built conditions.

Final ECM Acceptance. a. A Final ECM Acceptance Notice shall be issued for each individual ECM when all requirements in this Section, Schedule A-5: Instructions/Model Forms and any requirements noted by DCAMM in the Substantial Completion Approval Notice Notice, including, without limitation, all Punch List items and updated Energy Savings calculations using the methodology established in the M&V procedures set forth in the M&V plan finalized pursuant to Section 21.3: Design Deliverables and Submittalsitems, have been completed to the satisfaction of DCAMM. Upon completion of all such requirements, CONTRACTOR shall send to DCAMM a Final ECM Completion Notice requesting Final ECM Acceptance by DCAMM. The Final ECM Acceptance Notice shall be in the form prescribed by DCAMM, as set forth in Schedule A-5: Instructions/Model Forms. b. Within fifteen (15) days of receipt of the Final ECM Completion Notice, DCAMM shall: (i) Provide written approval of CONTRACTOR’s Final ECM Completion Notice by sending CONTRACTOR a Final ECM Acceptance Notice, or (ii) Notify CONTRACTOR in writing that it does not approve Final ECM Completion Notice and state the reasons for non-acceptance, which shall not be unreasonably withheld. c. The date on which DCAMM issues the Final ECM Acceptance Notice shall be the Final ECM Acceptance Date for each ECM and shall determine the date of the transfer of ownership pursuant to Section 38.439.4: Title to Installed New Equipment/Systems. Prior to the Final ECM Acceptance Date, all Energy Savings calculations set forth in Schedule B-6A-6: Payment Terms, Total Contract Value, and Energy Savings shall be adjusted and resubmitted by CONTRACTOR according to as-built conditions.