Material Change Defined Sample Clauses

Material Change Defined. A Material Change shall include any change in or to the Facility, not covered by Schedule D, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the University is expected to increase or decrease annual costs of energy consumption by at least 1%, in the aggregate, after adjustments for weather variations. Actions by the University which may result in a Material Change which is subject to this Section 9.3, include, but are not limited to the following: 9.3.1 Changes in the manner of use of the Facility by the University; or 9.3.2 Changes in the hours of operation for the Facility or for any equipment or energy using systems operating at the Facility; or 9.3.3 Permanent changes in the comfort and service parameters set forth in Schedule I; or 9.3.4 Changes in the occupancy of the Facility; or 9.3.5 Changes in the structure of the Facility; or 9.3.6 Changes in the types and quantities of equipment used at the Facility; or 9.3.7 Modification, renovation or construction at the Facility; or 9.3.8 The University’s failure to provide maintenance of and repairs to the ECMs pursuant to Section 8.5 hereof; or 9.3.9 Any significant damage to the Facility or the ECMs caused by fire, flood, other casualty, or any condemnation affecting a significant portion of the Facility; or 9.3.10 The permanent or temporary closing of a building at the Facility; or 9.3.11 Any other substantially changed condition, other than weather, affecting energy use at the Facility.
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Material Change Defined. A. A Material Change shall include any change in or to the Project Site(s), whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the Agency, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule B (Baseline Energy Consumption; Methodology to Adjust Baseline) and Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements) by at least 2% after adjustments for climatic variations. B. Actions by the Agency which may result in a Material Change include, but are not limited to, the following: i) manner of use of the Project Site(s) by the Agency; or ii) hours of operation for the Project Site(s) or for any equipment or energy using systems operating at the Project Site(s); or iii) Permanent changes in the comfort and service parameters set forth in Schedule U (Standards of Comfort); or iv) occupancy of the Project Site(s); or v) structure of the Project Site(s); or vi) types and quantities of equipment used at the Project Site(s) or vii) modification, renovation or construction at the Project Site(s); or
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Material Change Defined. A Material Change shall include any change in or to the Project Site(s), whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the Institution, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule B (Baseline Energy Consumption; Methodology to Adjust Baseline) and Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Report Requirements) by at least __% after adjustments for climatic variations. Actions by the Institution which may result in a Material Change include but are not limited to the following: manner of use of the Project Site(s) by the Institution; or hours of operation for the Project Site(s) or for any equipment or energy using systems operating at the Project Site(s); or Permanent changes in the comfort and service parameters set forth in Schedule U (Standards of Comfort); or occupancy of the Project Site(s); or structure of the Project Site(s); or types and quantities of equipment used at the Project Site(s) or modification, renovation or construction at the Project Site(s); or the Institution's failure to provide maintenance of and repairs to the Equipment in accordance with Schedule CC (Institution's Maintenance Responsibilities); or any other conditions other than climate affecting energy use at the Project Site(s) including but not limited to the replacement, addition or removal of energy and water consuming devices whether plug in or fixed assets, casualty or condemnation of the Project Site(s) or Equipment, or changes in utility provider or utility rate classification, or any other conditions other than climate affecting energy or water use at the Project Site(s). Modifications, alterations or overrides of the energy management system schedules or hours of operation, set back/start up or holiday schedules.
Sample 1
Material Change Defined. A Material Change shall include any change or cumulative changes in or to the Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the Owner, AEO and ESCO, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule E and Schedule E after adjustments for climatic variations and provided a correlation exists between usage and Material Change. Actions by the Owner that may result in a Material Change include but are not limited to the following: (i) manner of use of the Premises by the Owner; or (ii) hours of operation for the Premises or for any equipment or energy using systems operating at the Premises; or (iii) permanent changes in the comfort and service parameters set forth in Schedule I; or (iv) occupancy of the Premises; or (v) structure of the Premises; or (vi) types and quantities of equipment used at the Premises or (vii) modification, renovation or construction at the Premises; or (viii) the Owner's failure to provide maintenance of and repairs to the Equipment in accordance with Schedule K; or (ix) casualty or condemnation of the Premises or Equipment, or (x) changes in utility provider or utility rate classification, or (xi) any other conditions other than climate affecting energy or water use at the Premises.
Sample 1
Material Change Defined. A Material Change shall include any change in or to the Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of Agency, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule E (Baseline Energy Consumption) and Schedule F (Savings Measurement and Calculation Formulae; Methodology to Adjust Baseline) by at least _____ percent (___%) after adjustments for climatic variations. Actions by Agency, which may result in, a Material Change include but are not limited to the following: (i) manner of use of the Premises by Agency; or (ii) hours of operation for the Premises or for any equipment or energy using systems operating at the Premises; or (iii) permanent changes in the comfort and service parameters set forth in Schedule I (Standards of Comfort); or (iv) occupancy of the Premises; or (v) structure of the Premises; or (vi) types and quantities of equipment used at the Premises or (vii) modification, renovation or construction at the Premises; or (viii) Agency's failure to provide maintenance of and repairs to the Equipment in accordance with Schedule K (Agency's Maintenance Responsibilities); or (ix) any other conditions other than climate affecting energy use at the Premises.
Sample 1
Material Change Defined. This section defines the term "Material Change" which covers any condition other than weather that affects building energy use by more than the negotiated percentage (see above discussion). It is typical for the percent of deviation to be negotiated as a value ranging between 2% and 5% based on aggregate consumption costs. The lower value (2%) may be appropriate for large facilities (over $20,000/month utility bills) and the higher value (5%) may be appropriate for small facilities (less than $5,000/month utility bills).
Sample 1
Material Change Defined. A Material Change shall include any change in or to the Premises, whether structural, operational or otherwise in nature which reasonably could be expected, as mutually agreed upon by RES and Customer or Customer’s designee, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule E and Schedule F by at least five percent (5%), as determined by a qualified and independent third party mutually agreed to by RES and Customer, after adjustments for climatic variations. Actions by the Customer that may result in a Material Change include, but are not limited to, the following: (i) change in manner of use of the Premises by the Customer; or (ii) change in hours of operation for the Premises or for any equipment or energy using systems operating at the Premises; or (iii) permanent changes in the comfort and service parameters set forth in Schedule I; or (iv) change in occupancy of the Premises; or (v) change in structure of the Premises; or (vi) change in types and quantities of equipment used at the Premises; or (vii) modification, renovation or construction at the Premises; or (viii) the Customer's failure to provide maintenance of and repairs to the Equipment in accordance with Schedule J; or (ix) any other material conditions other than climate affecting energy use at the Premises. (x) The parties agree that the reference baseline conditions from which a “Material Change” shall be measured are those conditions described in Schedules E and I, if applicable, or included in the data furnished to RES by Customer in connection with the investment grade audit.
Sample 1
Material Change Defined. A material change shall include any documented change in or to the ECMs or the buildings or structures housing the ECMs, whether structural, operational or otherwise in nature which reasonably could be expected, in the reasonable judgment of the CITY and supported by generally accepted engineering data, to increase or decrease annual costs by at least $5,000, in the aggregate, after adjustments for climatic variations. Actions by the CITY which may result in a material change which is subject to this paragraph 8.5, include, but are not limited to the following: 8.7.1 Changes in the manner of use of the ECMs by the CITY; or 8.7.2 Changes in the hours of operation for the ECMs or the buildings or structures in which they are housed, or for any equipment or energy using systems operating at the same locations; or 8.7.3 Permanent changes in the Standards of Service or Comfort set forth in Schedule H (Systems Startup and Commissioning; Operating Parameters of Installed Equipment) and Schedule I (Standards of Comfort); or 8.7.4 Changes in the occupancy of the building or structure housing ECMs; or 8.7.5 Changes in the structure of the building or structure housing ECMs; or 8.7.6 Changes in the types and quantities of equipment used at the building or structure housing ECMs; or 8.7.7 Modification, renovation or construction at the building or structure housing ECMs; or 8.7.8 CITY’s failure to provide maintenance of and repairs to the ECMs pursuant to paragraph 8.2 hereof; or 8.7.9 Any significant damage to the ECMs or the building or structure, caused by fire, flood, or other casualty or any condemnation; or 8.7.10 The permanent or temporary closing of a building or structure housing ECMs; or 8.7.11 Any other substantially changed condition, other than weather, affecting energy use at the building or structure housing ECMs.
Sample 1
Material Change Defined. A Material Change shall include any change in or to the Premises, not covered by Schedule B, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the INSTITUTION to increase or decrease annual costs of energy usage by at least $ .00, in the aggregate, after adjustments for climatic variations Actions by the INSTITUTION which may result in a Material Change which is subject to this paragraph 9.3, include, but are not limited to the following: 9.3.1 Changes in the manner of use of the Premises by the INSTITUTION; or 9.3.2 Changes in the hours of operation for the Premises or for any equipment or energy using systems operating at the Premises; or 9.3.3 Permanent changes in the comfort and service parameters set forth in Schedule I; or 9.3.4 Changes in the occupancy of the Premises; or 9.3.5 Changes in the structure of the Premises; or 9.3.6 Changes in the types and quantities of equipment used at the Premises; or 9.3.7 Modification, renovation or construction at the Premises; or 9.3.8 9.3.9
Sample 1