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9.3.1 Changes in the manner of use of the Premises; or <br /> 9.3.2 Changes in the hours of operation for the Premises or for any equipment or <br /> energy using systems operating at the Premises; or <br /> 9.3.3 Permanent changes in the comfort and service parameters set forth in <br /> Schedule H; or <br /> 9.3.4 Changes in the occupancy of the Premises; or <br /> 9.3.5 Changes in the structure of the Premises; or <br /> 9.3.6 Changes in the types and quantities of equipment used at the Premises; or <br /> 9.3.7 Modification, renovation or construction at the Premises; or <br /> 9.3.8 The CITY's failure to provide maintenance of and repairs to the EMs pursuant to <br /> paragraph 8.5 hereof; or <br /> 9.3.9 Any significant damage to the Premises or the EMs caused by fire, flood, or other <br /> casualty or any condemnation affecting a significant portion of the Premises; or <br /> 9.3.10 The permanent or temporary closing of a building at the Premises; or <br /> 9.3.11 Any other substantially changed condition, other than weather, affecting energy <br /> use at the Premises; or <br /> 9.3.11 Any material change described in Schedule E. <br /> 9.4 Reported Material Changes; Notice by CITY. The CITY shall deliver to the <br /> COMPANY a written request describing all actual or proposed Material Changes in the <br /> Premises or in the operations of the Premises (a "Change Order"), which shall be substantially <br /> in form of Exhibit II attached hereto, no less than thirty (30) days before any actual or proposed <br /> Material Change is implemented (a "Reported Material Change"). Notice to the COMPANY of <br /> Material Changes which result because of a bona fide emergency or other situation which <br /> precludes advance notification shall be deemed sufficient if given by the CITY within forty-eight <br /> (48) hours after the event constituting the Material Change occurred or was discovered by the <br /> CITY to have occurred. <br /> 9.5 Reported Material Changes; Adjustments to Baseline/Benchmarks. Any changes <br /> in energy or water usage which occur as the result of a Reported Material Change shall be <br /> timely reviewed by the COMPANY and the CITY to determine what, if any, equitable <br /> adjustments to the Baseline/Benchmarks set forth in Schedule E or the Assured Performance <br /> Guarantee are necessitated by such Material Change(s). The COMPANY and the CITY agree <br /> that any adjustments made to the Baseline/Benchmarks shall be in accordance with generally <br /> accepted engineering principles. Any Change Order must be signed by authorized <br /> representatives of each party. Any disputes between the COMPANY and the CITY concerning <br /> any such adjustment shall be resolved in accordance with the provisions of Schedule N hereto. <br /> ARTICLE 10: GENERAL TERMS AND CONDITIONS <br /> 10.1 Assignment. The COMPANY acknowledges that the CITY is induced to enter into <br /> this Agreement by, among other things, the professional qualifications of the COMPANY. The <br /> 13 <br />