Guarantee of Energy Savings. (a) Con Edison Solutions hereby represents, warrants and guarantees to the Customer that the amount of the annual Energy and Operational Savings during the Term shall equal or exceed the Guaranteed Energy and Operational Savings specified in Table F1 and F2, with such savings to be adjusted to reflect any reductions to the Scope of Services.
Guarantee of Energy Savings. (a) Ameresco hereby represents and warrants to Customer that the amount of the Annual Energy Savings (determined as provided in Attachment E) shall equal or exceed the “
Guarantee of Energy Savings. (a) Ameresco hereby represents and warrants to Customer that the amount of the Annual Energy Cost Savings (as defined in Attachment F) shall equal or exceed the “Guaranteed Savings” (as specified in Table 6(a) below), over the Term (the “Guarantee of Energy Savings”). Capital Offset Savings are stipulated and defined in Attachment F. Table 6(a) Year Guaranteed Savings 1 $364,898 2 $383,142 3 $402,300 4 $422,415 5 $443,535 6 $465,712 7 $488,998 8 $513,448 9 $539,120 10 $566,076 11 $594,380 12 $624,099 13 $655,304 14 $688,069 15 $722,472 16 $758,596 17 $796,526 18 $836,352 19 $878,170 20 $922,078 For purposes of the Guarantee of Energy Savings, the following assumptions and provisions shall apply:
Guarantee of Energy Savings. Onsite guarantees that the actual Energy Savings achieved, calculated pursuant to Schedule E, will be no less that the Guaranteed Energy Savings. If the actual Energy Savings achieved, calculated pursuant to Schedule E, are less than the Guaranteed Energy Savings, Onsite will pay to Customer an amount equal to such difference or shortfall. An annual reconciliation of actual Energy Savings will be made in accordance with Schedule E at the end of each Phase Period. Such annual reconciliation shall be submitted by Onsite to Customer within ninety (90) days after the end of each Phase Period provided Onsite has direct and prompt access to Customer usage data through online data base, and annual reconciliation payments will be payable thirty (30) days after submittal to Customer by Onsite. Customer will not have the ability to offset succeeding payments pursuant to this Agreement for any such difference or shortfall. The Guaranteed Energy Savings for each Phase are based on the assumption that Customer's annual operating hours at those facilities of the Facilities covered in a Phase (the "Operating Hours"), and stipulated load profiles (the "Load Profiles") and run hours (the "Run Hours") depending on the type of Equipment (lighting or mechanical), all as set forth in the applicable Amendment. Onsite guarantees the Guaranteed Energy Savings for each Phase as set forth in each Amendment based upon the Operating Hours, and/or Load Profiles and Run Hours, as applicable. The Estimated and Guaranteed Energy Savings will be adjusted to reflect Changes. If any one of the buildings that comprise the Facilities is closed during the applicable Phase Term, the Estimated and Guaranteed Energy Savings will be adjusted accordingly.
