Common use of Material Change Defined Clause in Contracts

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.

Appears in 2 contracts

Samples: Agreement, Agreement

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Material Change Defined. A. A Material Change shall include any change in or to the Project Site(s)Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the Agencyas 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 B (Baseline Energy Consumption; Methodology to Adjust Baseline) E and Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements) F by at least 2% 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:

Appears in 1 contract

Samples: Guaranteed Energy Services Agreement

Material Change Defined. A. A Material Change shall include any change in or to the Project Site(s)Site, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the AgencyOwner’s reasonable discretion, 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 210% after adjustments for climatic variations.. Actions by the Owner which may result in a Material Change include but are not limited to the following:

Appears in 1 contract

Samples: Efficiency Services Agreement

Material Change Defined. A. A Material Change shall include any change in or to the Project Site(s)Premises, 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 E (Baseline Energy Consumption) and Schedule F (Savings Measurement and Calculation Formulae; 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% _____ percent (___%) after adjustments for climatic variations.. Actions by Agency, which may result in, a Material Change include but are not limited to the following:

Appears in 1 contract

Samples: Template>

Material Change Defined. A. A Material Change shall include any change in or to the Project Site(s)Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the AgencyCustomer, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule B E (Baseline Energy Consumption) and Schedule F (Savings Measurement and Calculation Formulae; 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 2five (5) % after adjustments for climatic variations.. Actions by the Customer that may result in a Material Change include but are not limited to the following:

Appears in 1 contract

Samples: Appendix B Performance Agreement

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Material Change Defined. A. A Material Change shall include any change in or to the Project Site(s)Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the Agencyas 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 B (Baseline Energy Consumption; Methodology to Adjust Baseline) E and Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements) F by at least 2% five percent (5%) after adjustments for climatic variations.. Actions by the Customer that shall result in a Material Change include, but are not limited to, the following:

Appears in 1 contract

Samples: Guaranteed Energy Services Agreement

Material Change Defined. A. A Material Change shall include any change in or to the Project Site(s)Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the AgencyDistrict, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule B by five percent (Baseline Energy Consumption; Methodology to Adjust Baseline5%) and Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements) by at least 2% or more after adjustments for climatic variations.. Actions by District which may result in a Material Change include, but are not limited to the following:

Appears in 1 contract

Samples: Guaranteed Energy Savings Contract

Material Change Defined. A. A Material Change shall include any change or cumulative changes in or to the Project Site(s)Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the AgencyOwner, AEO and ESCO, 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) E and Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements) by at least 2% E after adjustments for climatic variations.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:

Appears in 1 contract

Samples: Energy Performance Contract

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