Examples of EMS Agreement in a sentence
Cooperative will provide Host Town with notice of any Contractor request pursuant to Section 16.1(a) of the EMS Agreement for assignment, pledge or transfer of all or any part of, or any right or obligation under the EMS Agreement.
Host Town agrees and understands that the Cooperative’s Purchase Option under the EMS Agreement includes the right to purchase the PV System from Contractor upon the expiration of the term of the EMS Agreement.
To the extent Contractor is performing Cooperative’s obligations hereunder it will do so pursuant to the EMS Agreement, which is substantially similar in form and substance to the model energy management services agreement recommended for use by the Massachusetts Department of Energy Resources in accordance with M.G.L. c.
The obligations of the Cooperative set forth in Section 5.2 of this Agreement with respect to performance and payment bonds of installation subcontractors shall be replaced in the entirety with the bonding requirements placed upon the Contractor pursuant to Sections 4.7(e) and 4.7(f) of the EMS Agreement.
Cooperative and Host Town acknowledge that pursuant to Section 13.4 of the EMS Agreement, Cooperative has a period of sixty (60) Business Days from the expiration of the Term in which to request a price determination from an Independent Appraiser for the purchase of the PV System.
Cooperative shall provide Host Town with notice no more than thirty (30) Business Days after the expiration of the term of the EMS Agreement stating whether it intends to request a price determination from an Independent Appraiser for the purchase of the PV System.
Section 8.10 of this Agreement is replaced in its entirety with the following: Host Town agrees and understands that the Cooperative’s Purchase Option under the EMS Agreement (as defined therein) includes the right to purchase the PV System from Contractor on the 7th, 10th, 12th and 15th anniversary of the Effective Date of the EMS Agreement.
If a conflict arises between the Contractor’s performance of Cooperative’s obligations hereunder pursuant to the EMS Agreement and the terms of this Agreement, the Parties will use their best efforts to reach a Commercially Reasonable resolution of the conflict.
The Parties acknowledge that inconsistencies may exist between this Agreement and the EMS Agreement and that the Parties will use their best efforts to construe the two agreements harmoniously.
Cooperative and Host Town acknowledge that pursuant to Section 13.2(a) of the EMS Agreement, Cooperative has a period of sixty (60) Business Days from the expiration such anniversary dates in which to exercise its Purchase Option at the Purchase Price (as defined therein and listed in Exhibit C to the EMS Agreement).