Unreported Material Changes. In the absence of any Material Change in the Facilities or in their operations reported by Customer under Section C.4.5.1 below, energy consumption and demand should not change from year to year. Therefore, if energy consumption and demand per utility meter or submeter for any month increases by five percent (5%) or more of the Annual Scheduled Savings per meter from the Energy consumption and demand for the same month of the preceding year, after adjustment for changes to climactic conditions, then such increase shall be deemed to have resulted from a Material Change, except where such increase is due to equipment malfunction, faulty repair or other acts of negligence by Honeywell.
Unreported Material Changes. Upon and after the Acceptance Date and in the absence of any reported Material Change(s) in the Facility or in their operations, if energy savings deviates more than eight percent (8%) during an annual basis from projected energy savings for that year, after adjustment for changes in climatic conditions, then the ESCO shall review such changes in a timely manner to ascertain the cause of such deviation. The ESCO shall report its findings to the University in a timely manner. The ESCO and the University shall determine what, if any, adjustments to the Baseline set forth in Schedule E are necessary. Any disputes between the ESCO and the University concerning any such adjustment shall be resolved in accordance with Section 10.3.
Unreported Material Changes. During the Contract Time for Verified Savings, and in the absence of any reported Material Change, if Verified Savings deviate more than INSERT PERCENT during any fiscal year from Guaranteed Savings for such fiscal year, after adjustment for variables that are not, in whole or in part, within ESP’s control, then ESP shall timely ascertain the cause of such deviation. ESP shall report its findings to Owner in a timely manner, but ESP shall not be entitled to an extension of time to complete the Annual Review and written report, and pay for any deficiency, as provided in Section 5.2, unless so provided in a Contract Amendment pursuant to Article 9. If Owner agrees that the deviation was caused by a Material Change, then Owner and ESP shall determine what adjustments, if any, to the Baseline set forth in Schedule E (Baseline) are appropriate. Any mutually agreeable adjustment to the Baseline shall be reflected in a Contract Amendment in accordance with Article 9. No adjustment to the Baseline shall be made for any fiscal year prior to the fiscal year before which an unreported Material Change is identified pursuant to this Section. If the parties are unable to agree on (1) whether a Material Change has occurred, (2) the appropriate variables to be accounted for as provided herein, or the proper adjustment arising from such variables, or (3) an acceptable adjustment to the Baseline resulting from a Material Change, then a third party mutually agreeable to Owner and ESP shall make such determinations in accordance with this Section. If Owner and ESP are unable to mutually agree on a third party as provided in this Section, ESP shall provide, within five
Unreported Material Changes. This section states that if all building conditions and operations stay the same, then energy consumption will not vary more than the negotiated percentage (see above discussion) during any month when compared to the baseline use for that month and after adjustments for weather are made. In the event such a variation occurs, the ESCO will try to determine the cause of the deviation and report its findings to the Customer. The ESCO and Customer will then determine what adjustments will be made to the baseline as described in Schedule F. In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption as set forth in Schedule E (Baseline Energy Consumption) should not change more than <number> % during any month from the projected energy usage for that month, after adjustments for changes in climatic conditions. Therefore, if energy consumption for any month as set forth in Schedule E (Baseline Energy Consumption) deviates by more than <number> % from the energy consumption for the same month of the preceding contract year after adjustments for changes to climactic conditions, then such deviation shall be timely reviewed by the ESCO to ascertain the cause of deviation. The ESCO shall report its findings to the Customer in a timely manner and the ESCO and Customer shall determine what, if any, adjustments to the baseline will be made in accordance with the provisions set forth in Schedule F (Savings Measurement and Calculation Formulae; Methodology to Adjust Baseline) and Schedule E (Baseline Energy Consumption).
Unreported Material Changes. Upon and after the Commencement Date and in the absence of any reported Material Change(s) in the Premises or in their operations, if energy savings deviate more than five percent (5%) percent during any month from projected energy savings for that month, after adjustment for changes in climatic conditions, then the COMPANY shall timely review such changes to ascertain the cause of such deviation. The COMPANY shall report its findings to the CUSTOMER in a timely manner. The COMPANY and the CUSTOMER shall determine what, if any, adjustments to the Baseline/Benchmarks set forth in Schedule E (Calculation of Baseline/Benchmarks) are necessary. Any disputes between the COMPANY and the CUSTOMER concerning any such adjustment shall be resolved in accordance with the provisions of Schedule P (Alternative Dispute Resolution Procedures) hereto.
Unreported Material Changes. Upon and after the Commencement Date and in the absence of any reported Material Change(s) in the Premises or in their operations, if energy savings deviates more than ( %) percent during any month from projected energy savings for that month, after adjustment for changes in climatic conditions, then the COMPANY shall timely review such changes to ascertain the cause of such deviation. The COMPANY shall report its findings to the INSTITUTION in a timely manner. The COMPANY and the INSTITUTION shall determine what, if any, adjustments to the Baseline/Benchmarks set forth in Schedule E are necessary. Any disputes between the COMPANY and the INSTITUTION concerning any such adjustment shall be resolved in accordance with the provisions of Schedule P hereto.
Unreported Material Changes. Upon and after the Commencement Date and in the absence of any reported Material Change(s) in the Premises or in their operations, if energy savings deviates more than ( %) percent during any month from projected energy savings for that month, after adjustment for normal deviations from changes in climatic conditions, then the ESCOCOMPANY shall timely review such changes to ascertain the cause of such deviation. The ESCOCOMPANY shall report its findings to the ISSUERCUSTOMER in a timely manner. The ESCOCOMPANY and the ISSUER mayCUSTOMER shall determine what, if any, adjustments to the Baseline/Benchmarks set forth in Schedule E are necessary. Any disputes between the COMPANY and the CUSTOMER concerning any such adjustment shall be resolved in accordance with the provisions of Schedule P hereto.
