R2018-96 Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07

Home Browse Search

EXHIBIT B Schedule 2 CHANGES IN USE OR CONDITION; ADJUSTMENT TO BASELINE AND/OR ANNUAL PROJECT BENEFITS Customer agrees to notify JCI, within fourteen (14) days, of(i)any actual or intended change, whether before or during the Guarantee Term, in the use of any facility, equipment, or Improvement Measure to which this Schedule applies; (ii) any proposed or actual expansions or additions to the premises or any building or facility at the premises; (iii) a change to utility services to all or any portion of the premises; or(iv)any other change or condition arising before or during the Guarantee Term that reasonably could be expected to change the amount of Project Benefits realized under this Agreement. Such a change, expansion, addition, or condition would include, but is not limited to: (a) changes in the primary use of any facility, Improvement Measure, or portion of the premises; (b)changes to the hours of operation of any facility, Improvement Measure, or portion of the premises; (c)changes or modifications to the Improvement Measures or any related equipment; (d)changes to the M&V Services provided under this Agreement; (e)failure of any portion of the premises to meet local building codes; (f)changes in utility suppliers, utility rates, method of utility billing, or method of utility purchasing; (g) improper maintenance or unsound usage of the Improvement Measures or any related equipment at any facility or portion of the premises (other than by JCI); (h)changes to the Improvement Measures or any related equipment or to any facility or portion of the premises required by local building codes or any governmental or quasi-governmental entity; or(i)additions or deletions of Improvement Measures or any related equipment at any facility or portion of the premises. Such a change or condition need not be identified in the Baseline in order to permit JCI to make an adjustment to the Baseline and/or the Annual Project Benefits. If JCI does not receive the notice within the time period specified above and travels to either Customer's location or the project site to determine the nature and scope of such changes, Customer agrees to pay JCI, in addition to any other amounts due under this Agreement, the applicable hourly consulting rate for the time it took to determine the changes and to make any adjustments and/or corrections to the project as a result of the changes, plus all out-of pocket expenses, including travel costs. Upon receipt of such notice, or if JCI independently learns of any such change or condition, JCI shall calculate and send to Customer a notice of adjustment to the Baseline and/or Annual Project Benefits to reflect the impact of such change or condition, and the adjustment shall become effective as of the date that the change or condition first arose. Should Customer fail to promptly provide JCI with notice of any such change or condition, JCI may make reasonable estimates as to the impact of such change or condition and as to the date on which such change or condition first arose in calculating the impact of such change or condition, and such estimates shall be conclusive. Performance Contract(Rev 15) Johnson Controls,Inc.—Proprietary 02008 Johnson Controls,Inc. 16