Common use of Guarantee Based on Agreement Only Clause in Contracts

Guarantee Based on Agreement Only. Customer’s request for proposal or qualifications, Honeywell’s proposal and any other documents submitted by Honeywell to the Customer prior to negotiation of this Agreement are expressly excluded from and are not a part of this Agreement. The parties agree that although the Honeywell proposal may have contained scope items, guaranteed savings and M&V options other than those stated in the Agreement, the final scope of work, Schedule of Guaranteed Savings, and M&V Plan were developed jointly by the parties through negotiation. The Customer has chosen to purchase the scope of work set forth in Attachment A. The Customer accepts the Guaranteed Savings and agrees to the M&V Plan set forth herein.