Common use of Termination for Convenience by the ISSUER Clause in Contracts

Termination for Convenience by the ISSUER. Subsequent to the date the Certificate of Final Project Acceptance is issued and having satisfied all financial obligations entered into including repayment of all loans, this Agreement may be terminated at the sole discretion of the ISSUER in accordance with the provisions of this Paragraph Article 3 f. The ISSUER shall deliver written notice to the ESCO no less than 30 days in advance of the date of termination. Until the specified date of termination of this Agreement, the ESCO’s obligation to report, reconcile and verify the energy savings achieved during the guaranty period preceding termination remains in full force and effect, as does its obligation, pursuant to Article 3.c of this Agreement, to remit payment to the ISSUER in the event that the energy savings have not been achieved at the level guaranteed by the ESCO. If the end of the notice period does not coincide with the end of the annual guarantee period, all calculations of payments shall be prorated. The termination of this Agreement by the ISSUER shall release the ESCO from its obligation to provide the Annual Services as set forth in the Agreement after the effective date of termination, as well as its obligation to provide the Energy Savings Guaranty after the termination date. Termination by the ISSUER shall release it from the obligation to make any payments to the ESCO for maintenance, monitoring and training services after the termination date, provided, however, that the ISSUER is responsible for payment for maintenance, monitoring and training services performed in accordance with the terms of this Agreement prior to the termination date. [Signature page follows]

Termination for Convenience by the ISSUER. Subsequent to the date the Certificate of Final Project Acceptance is issued and having satisfied all financial obligations entered into including repayment of all loans, this Agreement may be terminated at the sole discretion of the ISSUER in accordance with the provisions of this Paragraph Article 3 f. The ISSUER shall deliver written notice to the ESCO no less than 30 days in advance of the date of termination. Until the specified date of termination of this Agreement, the ESCO’s obligation to report, reconcile and verify the energy savings achieved during the guaranty period preceding termination remains in full force and effect, as does its obligation, pursuant to Article 3.c of this Agreement, to remit payment to the ISSUER in the event that the energy savings have not been achieved at the level guaranteed by the ESCO. If the end of the notice period does not coincide with the end of the annual guarantee period, all calculations of payments shall be prorated. The termination of this Agreement by the ISSUER shall release the ESCO from its obligation to provide the Annual Services as set forth in the Agreement after the effective date of termination, as well as its obligation to provide the Energy Savings Guaranty after the termination date. Termination by the ISSUER shall release it from the obligation to make any payments to the ESCO for maintenance, monitoring and training services after the termination date, provided, however, that the ISSUER is responsible for payment for maintenance, monitoring and training services performed in accordance with the terms of this Agreement prior to the termination date. [Signature page follows].

Termination for Convenience by the ISSUER. Subsequent to the date the Certificate of Final Project Acceptance is issued and having satisfied all financial obligations entered into including repayment of all loans, this Agreement may be terminated at the sole discretion of the ISSUER in accordance with the provisions of this Paragraph Article 3 f. The ISSUER shall deliver written notice to the ESCO no less than 30 days in advance of the date of termination. Until the specified date of termination of this Agreement, the ESCO’s obligation to report, reconcile and verify the energy savings achieved during the guaranty period preceding termination remains in full force and effect, as does its obligation, pursuant to Article 3.c Section 9 of this Agreement, to remit payment to the ISSUER in the event that the energy savings have not been achieved at the level guaranteed by the ESCO. If the end of the notice period does not coincide with the end of the annual guarantee period, all calculations of payments shall be prorated. The termination of this Agreement by the ISSUER shall release the ESCO from its obligation to provide the Annual Services as set forth in the Agreement maintenance, monitoring and training services after the effective date of termination, as well as its obligation to provide the Energy Savings Guaranty after the termination date. Termination by the ISSUER shall release it from the obligation to make any payments to the ESCO for maintenance, monitoring and training services after the termination date, provided, however, that the ISSUER is responsible for payment for maintenance, monitoring and training services performed in accordance with the terms of this Agreement prior to the termination date. [Signature page follows].