Common use of Unreported Material Changes Clause in Contracts

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. In the absence of any Material Change material Changes in the Facilities Premises or in their operations reported by Customer under Section C.4.5.1 belowoperations, 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 Guaranteed Savings per meter or more from the Energy energy consumption and demand for the same month of the preceding year, contract 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 HoneywellHONEYWELL.