Common use of LEED GOLD CERTIFICATION Clause in Contracts

LEED GOLD CERTIFICATION. 10.1 The Design-Builder will obtain LEED Gold Certification of the Facility in accordance with the following: (a) the Owner will register the Facility with the LEED Authority and will pay the registration fees only; the Design-Builder will be responsible all for all other costs associated with pursuing LEED Gold Certification; (b) the Design-Builder will, achieve all necessary prerequisites, credits and points under the LEED Rating System required to achieve the LEED Gold Certification and may in its discretion determine which of the credits and points to pursue, provided that the Owner will not accept: (i) EA Credit: Green Power; or (ii) any other credit that requires action or obligation on the part of the Owner, Xxxxxx or PAC, unless the Design-Builder has received prior written consent from each of the Owner, Xxxxxx and PAC, which consent may be withheld at the consent providers’ sole discretion; (c) if at any time after the Effective Date the requirements to achieve LEED Gold Certification under the LEED Rating System change and the Design-Builder is required to comply with such change in order to achieve LEED Gold Certification for the Facility, then the Design- Builder will forthwith notify the Owner of such change and such change will be a Change; (d) the Design-Builder will compile and submit the required documents for certification; (e) if for any reason the Design-Builder fails to obtain LEED Gold Certification for the Facility within 24 months of the Substantial Completion Date then the Design-Builder will, upon written demand from the Owner, immediately pay to the Owner $300,000; (f) upon payment of the amount, if any, owing under this Section 10 the Design-Builder will have no further obligations in respect of obtaining LEED Gold Certification, except to provide the Owner with such information and administrative assistance as the Owner may reasonably require in relation to obtaining LEED Gold Certification, and for greater certainty the failure to obtain LEED Gold Certification will not be a default by the Design- Builder under this Agreement; and (g) the Owner and the Design-Builder expressly agree that the amounts payable from the Design-Builder in this Section 10.1 are liquidated damages that represent a genuine pre- estimate of the damages and expenses that the Owner is likely to incur for such failure to achieve LEED Gold Certification and both parties expressly agree that such amount is not a penalty. 10.2 As a condition of Substantial Completion, the Design-Builder will deliver to the Owner: (a) a LEED project checklist, generally in accordance with the LEED Authority’s requirements, together with a written confirmation that, in the Design-Builder’s judgment LEED Gold Certification will be achieved for the Facility as required by Section 10; and (b) a written opinion from a LEED accredited professional supporting the confirmation described in Section 10.2(a) above.

LEED GOLD CERTIFICATION. 10.1 The Design-Builder will obtain LEED Gold Certification of the Facility in accordance with the following: (a) the Owner will register the Facility with the LEED Authority and will pay the registration fees only; the The Design-Builder will be responsible all for all other costs associated acknowledges that the Facility has been registered with pursuing LEED Gold Certification;CaGBC by or on behalf of the Authority. (b) the The Design-Builder will, subject to this Section 10, achieve all necessary prerequisites, credits and points under the LEED Rating System required to achieve the LEED Gold Certification and may in its discretion determine which of the credits and points to pursue, provided except that the Owner Design-Builder will not acceptachieve the following LEED credits/points: (i) EA CreditEnergy and Atmosphere Credit 1 – Optimize Energy Performance: Green Power; or45% Reduction in Design Energy Cost Relative to MNECB (6 points); (ii) any other credit that requires action or obligation on the part of the Owner, Xxxxxx or PAC, unless the Design-Builder has received prior written consent from each of the Owner, Xxxxxx Energy & Atmosphere Credit 3 – Best Practice Commissioning; and (iii) Energy & Atmosphere Credit 5 – Measurement and PAC, which consent may be withheld at the consent providers’ sole discretion;Verification. (c) if The Design-Builder acknowledges that the Facility is registered under version 1.0 of the LEED Rating System. The Design-Builder may at its option, cost and risk register the Facility under another version of the LEED Rating System. If at any time after the Effective Date the requirements to achieve LEED Gold Certification under the applicable LEED Rating System change and the Design-Builder is required to comply with such change in order to achieve LEED Gold Certification for the Facility, then the Design- Builder will forthwith notify the Owner Authority of such change and such change will be a Change;. For greater certainty, the Design-Builder will not be entitled to a Change for a change at the option of the Design-Builder from version 1.0 of the LEED Rating System to another version of the LEED Rating System. (d) the The Design-Builder will compile and submit the required documents for certification;certification to CaGBC promptly after the Substantial Completion Date and will promptly address any responses or requests from CaGBC. If the CaGBC delays, for reasons beyond the control of the Design-Builder, in providing certification of any of the points, the credits or LEED Gold Certification required under this Section 10.1, the Design-Builder will give notice of the circumstances of delay within 14 days after the Design-Builder is aware of the delay and the applicable 24 month period set out in Sections 10.1(e), 10.1(f), 10.1(g) or 10.1(h) will be extended by a reasonable amount to take into account the effect of the delay. (e) if If for any reason the Design-Builder fails to achieve 6 points in Energy and Atmosphere Credit 1 as required by Section 10.1(b)(i) for the Facility within 24 months of the Substantial Completion Date then the Design-Builder will, upon written demand from the Authority, and in addition to any other payment owing under this Section 10, immediately pay to the Authority . (f) If for any reason the Design-Builder fails to achieve the credit described in Section 10.1(b)(ii) for the Facility within 24 months of the Substantial Completion Date then the Design-Builder will, upon written demand from the Authority, and in addition to any other payment owing under this Section 10, immediately pay to the Authority . (g) If for any reason the Design-Builder fails to achieve the credit described in Section 10.1(b)(iii) for the Facility within 24 months of the Substantial Completion Date then the Design-Builder will, upon written demand from the Authority, and in addition to any other payment owing under this Section 10, immediately pay to the Authority . (h) If for any reason the Design-Builder fails to obtain LEED Gold Certification for the Facility within 24 months of the Substantial Completion Date then the Design-Builder will, upon written demand from the OwnerAuthority, and in addition to any other payment owing under this Section 10, immediately pay to the Owner $300,000;Authority . (fi) upon Upon payment of the amountamounts, if any, owing under this Section 10 the Design-Builder will have no further obligations in respect of obtaining LEED Gold Certification, except to provide the Owner Authority with such information and administrative assistance as the Owner Authority may reasonably require in relation to obtaining LEED Gold Certification, and for greater certainty the failure to obtain LEED Gold Certification will not be a default by the Design- Builder under this Agreement; and. (gj) the Owner The Authority and the Design-Builder expressly agree that the amounts payable from the Design-Builder in this Section 10.1 are liquidated damages that represent a genuine pre- estimate of the damages and expenses that the Owner Authority is likely to incur for such failure to achieve the LEED credits/points specified in Section 10.1(b) and LEED Gold Certification and both parties expressly agree that such amount is amounts are not a penalty. 10.2 As a condition of Substantial Completion(k) In this Agreement, the Design-Builder will deliver to following words and expressions have the Ownerfollowing meanings: (a) a LEED project checklist, generally in accordance with the LEED Authority’s requirements, together with a written confirmation that, in the Design-Builder’s judgment LEED Gold Certification will be achieved for the Facility as required by Section 10; and (b) a written opinion from a LEED accredited professional supporting the confirmation described in Section 10.2(a) above.

LEED GOLD CERTIFICATION. 10.1 12.1 The Design-Builder will obtain LEED Gold Certification of the Facility in accordance with the following: (a) the Owner The Design-Builder will register the Facility with the LEED Authority and will pay the registration fees only; the Design-Builder will be responsible all for all other costs associated with pursuing LEED Gold Certification;USGBC. (b) the The Design-Builder will, subject to this Section 12, achieve all necessary prerequisites, credits and points under the LEED Rating System required to achieve the LEED Gold Certification and may in its discretion determine which of the credits and points to pursue, provided that the Owner will not accept: (i) EA Credit: Green Power; or (ii) any other credit that requires action or obligation on the part of the Owner, Xxxxxx or PAC, unless the Design-Builder has received prior written consent from each of the Owner, Xxxxxx and PAC, which consent may be withheld at the consent providers’ sole discretion;. (c) if If at any time after the Effective Date Date, the requirements to achieve LEED Gold Certification under the LEED Rating System change and the Design-Builder is required to comply with such change in order to achieve LEED Gold Certification for the Facility, then the Design- Builder will forthwith notify the Owner of such change and such change will be a Change;. (d) the The Design-Builder will compile and submit the required documents for certification;LEED Gold Certification. (e) if If for any reason the Design-Builder fails to obtain LEED Gold Certification for the Facility within 24 months of the Substantial Completion Date then the Design-Builder willthen, upon written demand from the Ownerand in addition to any other payment owing under this Section 12.1, immediately pay to the Owner $300,000;will be entitled to retain the LEED Holdback as liquidated damages. (f) upon payment Upon retention of the amountLEED Holdback, if any, owing applied under this Section 10 12 the Design-Builder will have no further obligations in respect of obtaining LEED Gold Certification, except to provide the Owner with such information and administrative assistance as the Owner may reasonably require in relation to obtaining LEED Gold Certification, and for greater certainty the failure to obtain LEED Gold Certification will not be a default by the Design- Design-Builder under this Agreement; and. (g) the The Owner and the Design-Builder expressly agree that the amounts payable from retention of the Design-Builder in LEED Holdback under this Section 10.1 are 12.1 represents liquidated damages that represent a genuine pre- pre-estimate of the damages and expenses that the Owner is likely to incur for such failure to achieve LEED Gold Certification and both parties expressly agree that such amount is amounts are not a penalty. 10.2 12.2 As a condition of Substantial Completion, the Design-Builder will deliver to the Owner: (a) a LEED project checklist, generally in accordance with the LEED Authority’s USGBC requirements, together with a written confirmation that, in the Design-Builder’s judgment LEED Gold Certification will be achieved for the Facility as required by Section 1012; and (b) a written opinion from a LEED accredited professional supporting the confirmation described in Section 10.2(a12.2(a) above.

LEED GOLD CERTIFICATION. 10.1 The Authority acknowledges that the Design-Builder has deleted all contingency points from its proposal and has provided the Authority with the associated cost saving. The Authority acknowledges that the Design-Builder will design and build the Project with the minimum number of credits (60) for LEED Gold Certification. The Design-Builder will obtain aim to obtain, and will use reasonable efforts to obtain, LEED Gold Certification of the Facility in accordance with the following: (a) the Owner The Design-Builder will register the Facility with GBC on behalf of the LEED Authority and will pay the registration fees only; the Design-Builder will be responsible all for all other costs associated with pursuing LEED Gold Certification;Owner. (b) the The Design-Builder will, subject to this Section 10, achieve all necessary prerequisites, credits and points under the LEED Rating System required to achieve the LEED Gold Certification and may in its discretion determine which of the credits and points to pursue, provided that the Owner will not accept: (i) EA Credit: Green Power; or (ii) any other credit that requires action or obligation on the part of the Owner, Xxxxxx or PAC, unless the Design-Builder has received prior written consent from each of the Owner, Xxxxxx and PAC, which consent may be withheld at the consent providers’ sole discretion;. (c) if If at any time after the Effective Date the requirements to achieve LEED Gold Certification under the LEED Rating System change and the Design-Builder is required to comply with such change in order to achieve LEED Gold Certification for the Facility, then the Design- Design-Builder will forthwith notify the Owner of such change and such change will be a Change;. (d) the The Design-Builder will compile and submit the required documents for certification;. (e) Provided the Design-Builder has complied with its obligations under this Section 10 and this Agreement, if for any reason the Design-Builder fails to obtain achieve LEED Gold Certification for the Facility within 24 months of the Substantial Completion Date then the Design-Builder will, upon written demand from the Owner, immediately pay to the Owner $300,000; (f) upon payment of the amount, if any, owing under this Section 10 the Design-Design- Builder will have no further obligations in respect of obtaining LEED Gold Certification, except to provide the Owner with such information and administrative assistance as the Owner may reasonably require in relation to obtaining LEED Gold Certification, and for greater certainty provided the Design-Builder has complied with its obligations under this Section 10 and this Agreement, the failure to obtain LEED Gold Certification will not be a default by the Design- Design-Builder under this Agreement; and (g) the Owner and the Design-Builder expressly agree that the amounts payable from the Design-Builder in this Section 10.1 are liquidated damages that represent a genuine pre- estimate of the damages and expenses that the Owner is likely to incur for such failure to achieve LEED Gold Certification and both parties expressly agree that such amount is not a penalty. 10.2 As a condition of Substantial CompletionCompletion of the Project, the Design-Builder will deliver to the Owner: (a) Owner a LEED project checklist, generally in accordance with GBC requirements. 10.3 The Design-Builder represents and warrants that as of the LEED Authority’s requirementsEffective Date, together with a written confirmation that, the Design and Construction as reflected in the Design-Builder’s judgment Proposal Extracts (subject to compliance with the Statement of Requirements and other provisions of this Agreement) would achieve 60 credits required to achieve LEED Gold Certification will be achieved for the Facility as required by Section 10; and (b) a written opinion from a LEED accredited professional supporting the confirmation described in Section 10.2(a) aboveCertification.