Common use of OWNER COMMITMENTS Clause in Contracts

OWNER COMMITMENTS. (a) Owner agrees to comply with the applicable REDi: EB Program Technical Requirements. For multi-building projects where REDi funding is limited to certain buildings – all buildings funded by HPD must comply with the applicable Technical Requirements, although not all buildings may be reviewed or monitored by the TAP. (b) Xxxxx agrees to respond to TAP requests for drawing review, documents and information in a timely manner to avoid compromising the project's timeline. (c) Owner agrees to furnish a budget estimate for REDi: EB Scope items during the Design Development phase to ensure that the costs are in line with the program goals and REDi: EB incentives. If the budget is significantly higher than expected, owner may be asked to redesign certain scope items using a more cost-effective design. (d) Owner agrees to furnish a budget estimate for maintenance of Heat Pump Equipment during the Design Development phase to ensure that the costs to maintain the proposed equipment can be properly addressed in the project budget. If the maintenance requirements are significantly higher than expected, owner may be asked to reconsider equipment selection. (e) HPD or NYSERDA reserves the right to disapprove certain contractors or consultants who have previously failed to comply with program requirements (within REDi or any related/ precursor programs). (f) All installers of HVAC equipment utilized on REDi projects must provide proof of training by the appliable equipment manufacturer. This includes at a minimum, the lead installer present during installation and testing of equipment. (g) Owner shall invite HPD and TAP to any construction progress meetings and shall send to HPD and TAP copies of any reports related to project status, allocation of funds, change orders (adds or deducts), cost or time overruns or underruns consistent with those provided to the project’s other lenders. (h) Owner shall provide notice to TAP of any extension to the completion date granted by HPD or a senior lender, if any. (i) Prior to receiving final payment, Owner shall submit to the TAP a comprehensive maintenance plan to ensure successful operation and maintenance of all systems long term, which plan shall be subject to review and approval by the TAP. The plan will include initial and ongoing training of maintenance personnel in systems’ operation and best practices, along with available maintenance agreements, warranties and commitments by systems’ installer and manufacturers. (j) Owner commits to utilizing NYS Clean Heat Contractors, as applicable, and securing all relevant utility incentives for heat pump technologies installed as part of this scope, including New York State Clean Heat incentives, and those incentives shall be incorporated into project budget and Construction Documents. (k) Prior to closing, the TAP must approve the full scope(s) of work, in a format ready for publication as open-source documents. The Owner hereby agrees to the release of all materials submitted to the TAP for open-source publication, e.g. in case studies. (l) Owner acknowledges that the REDi: EB incentive will only be released after the financial closing with those additional parties providing project financing. (m) Owner acknowledges that the final REDi: EB incentive payment will only be released after successful Required Testing of the systems as outlined in the Technical Requirements. (n) Owner acknowledges that the buildings that receive funding under this Agreement will not be eligible for additional funding from the NYSERDA Multifamily Performance Program, theLow Carbon Pathways for Multifamily Buildings program, the Flexible Technical Assistance (FlexTech) Program, RetrofitNY Program, ConEd AMEEP Program, Climate Friendly Homes Fund or HCR’s Clean Energy Initiatives Program. (o) Owner acknowledges that NYSERDA and HPD have permission to study, promote, publish, and generally distribute information, with the exception of any Personal Identifiable Information relating to tenants, about the project publicly for at least ten years and will make it a requirement of any sale agreement` transferring control of ownership that new owner abides by this agreement.

OWNER COMMITMENTS. (a) Owner agrees acknowledges that the general contractor is subject to comply with the applicable REDi: EB Program Technical Requirements. For multi-building projects where REDi funding is limited to certain buildings – all buildings funded approval by HPD must comply with the applicable Technical Requirements, although not all buildings may be reviewed or monitored by the TAPNYSERDA and HPD. (b) Xxxxx agrees to respond to TAP requests for drawing review, documents and information in a timely manner to avoid compromising the project's timeline. (c) Owner agrees to furnish a budget estimate for REDi: EB Scope items during the Design Development phase to ensure that the costs are in line with the program goals and REDi: EB incentives. If the budget is significantly higher than expected, owner may be asked to redesign certain scope items using a more cost-effective design. (d) Owner agrees to furnish a budget estimate for maintenance of Heat Pump Equipment during the Design Development phase to ensure that the costs to maintain the proposed equipment can be properly addressed in the project budget. If the maintenance requirements are significantly higher than expected, owner may be asked to reconsider equipment selection. (e) HPD or NYSERDA reserves the right to disapprove certain contractors or consultants who have previously failed to comply with program requirements (within REDi or any related/ precursor programs). (f) All installers of HVAC equipment utilized on REDi projects must provide proof of training by the appliable equipment manufacturer. This includes at a minimum, the lead installer present during installation and testing of equipment. (g) Owner shall cause any lender to the Project to invite HPD and TAP NYSERDA to any construction progress meetings and shall send to HPD and TAP NYSERDA copies of any reports related to project status, allocation of funds, change orders (adds or deducts), cost or time overruns or underruns consistent with those provided to the project’s other lenders. (hc) Owner shall provide notice to TAP NYSERDA of any extension to the completion date granted by HPD or a senior lenderSenior Lender, if any. (id) Prior to receiving final paymentclosing, Owner shall submit to NYSERDA and the TAP a comprehensive maintenance plan to ensure successful operation and maintenance of all systems long term, which plan shall be subject to review and approval by NYSERDA and the TAP. The plan will include initial and ongoing training of maintenance personnel in systems’ operation and best practices, along with available maintenance agreements, warranties and commitments by systems’ installer and manufacturers. (je) Owner commits to utilizing NYS Clean Heat Contractors, as applicable, and securing all relevant utility incentives for heat pump technologies installed as part of this scope, including New York State Clean Heat incentives, and those incentives shall be incorporated into project budget and Construction Documents. (kf) Prior to closing, NYSERDA and/or the TAP must approve the full electrification scope(s) of work, in a format ready for publication as open-source documents. The Owner hereby agrees to the release of all materials submitted to NYSERDA and/or the TAP for open-source publication, e.g. in case studies. (lg) Owner acknowledges that the REDi: EB NYSERDA incentive will only be released after the financial closing with those additional parties providing project financing. (m) Owner acknowledges that the final REDi: EB incentive payment will only be released after successful Required Testing of the systems as outlined in the Technical Requirements. (nh) Owner acknowledges that the buildings that receive funding under this Agreement will not be eligible for additional funding from the NYSERDA Multifamily Performance Program, theLow the Low Carbon Pathways for Multifamily Buildings program, the Flexible Technical Assistance (FlexTech) Program, or the RetrofitNY Program, ConEd AMEEP Program, Climate Friendly Homes Fund or HCR’s Clean Energy Initiatives Program. (oi) Owner acknowledges that NYSERDA and HPD have has permission to study, promote, publish, and generally distribute information, with the exception of any Personal Identifiable Information relating to tenants, about the project publicly for at least ten years and will make it a requirement of any sale agreement` transferring control of ownership that new owner abides by this agreement.

OWNER COMMITMENTS. (a) Owner agrees acknowledges that the general contractor is subject to comply with the applicable REDi: EB Program Technical Requirements. For multi-building projects where REDi funding is limited to certain buildings – all buildings funded approval by HPD must comply with the applicable Technical Requirements, although not all buildings may be reviewed or monitored by the TAPNYSERDA and HPD. (b) Xxxxx agrees to respond to TAP requests for drawing review, documents and information in a timely manner to avoid compromising the project's timeline. (c) Owner agrees to furnish a budget estimate for REDi: EB Scope items during the Design Development phase to ensure that the costs are in line with the program goals and REDi: EB incentives. If the budget is significantly higher than expected, owner may be asked to redesign certain scope items using a more cost-effective design. (d) Owner agrees to furnish a budget estimate for maintenance of Heat Pump Equipment during the Design Development phase to ensure that the costs to maintain the proposed equipment can be properly addressed in the project budget. If the maintenance requirements are significantly higher than expected, owner may be asked to reconsider equipment selection. (e) HPD or NYSERDA reserves the right to disapprove certain contractors or consultants who have previously failed to comply with program requirements (within REDi or any related/ precursor programs). (f) All installers of HVAC equipment utilized on REDi projects must provide proof of training by the appliable equipment manufacturer. This includes at a minimum, the lead installer present during installation and testing of equipment. (g) Owner shall cause any lender to the Project to invite HPD and TAP NYSERDA to any construction progress meetings and shall send to HPD and TAP NYSERDA copies of any reports related to project status, allocation of funds, change orders (adds or deducts), cost or time overruns or underruns consistent with those provided to the project’s other lenders. (hc) Owner shall provide notice to TAP NYSERDA of any extension to the completion date granted by HPD or a senior lenderSenior Lender, if any. (id) Prior to receiving final paymentclosing, Owner shall submit to NYSERDA and the TAP a comprehensive maintenance plan to ensure successful operation and maintenance of all systems long term, which plan shall be subject to review and approval by NYSERDA and the TAP. The plan will include initial and ongoing training of maintenance personnel in systems’ operation and best practices, along with available maintenance agreements, warranties and commitments by systems’ installer and manufacturers. (je) Owner shall adhere to all requirements and directives described in the Future Housing Initiative Framework (f) Owner commits to utilizing NYS Clean Heat Contractors, as applicable, and securing all relevant utility incentives for heat pump applicable technologies installed as part of this scope, including New York State Clean Heat incentives, and those incentives shall be incorporated into project budget and Construction Documents. (kg) Prior to closing, NYSERDA and/or the TAP must approve the full scope(sNYSERDA Scope(s) of work, in a format ready for publication as open-source documents. The Owner hereby agrees to the release of all materials submitted to NYSERDA and/or the TAP for open-source publication, e.g. in case studies. (lh) Owner acknowledges that the REDi: EB NYSERDA incentive will only be released after the financial closing with those additional parties providing project financing. (m) Owner acknowledges that the final REDi: EB incentive payment will only be released after successful Required Testing of the systems as outlined in the Technical Requirements. (ni) Owner acknowledges that the buildings that receive funding under this Agreement will not be eligible for additional funding from the NYSERDA Multifamily Performance Program, theLow Carbon Pathways for Multifamily Buildings program, the Flexible Technical Assistance (FlexTech) Program, RetrofitNY Program, ConEd AMEEP Program, Climate Friendly Homes Fund or HCR’s Clean Energy Initiatives (CEI) or other NYSERDA programs including Buildings of Excellence (BOE) or New Construction – Housing Program. Projects can and must seek other incentives including Clean Heat (where available), NY-Sun, and other federal incentives where available. (oj) Owner acknowledges that NYSERDA and HPD have has permission to study, promote, publish, and generally distribute information, with the exception of any Personal Identifiable Information relating to tenants, about the project publicly for at least ten years and will make it a requirement of any sale agreement` transferring control of ownership that new owner abides by this agreement. (k) Signed Data Release Authorization Form(s) (DRAFs) permitting NYSERDA to access and utilize your past, current, and 120-month future energy/resource billing and consumption information/data so that it can effectively track the performance of your building’s energy utilization systems to maximize their potential.