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WHEREAS, an energy analysis has been performed on such building by the Smart Energy <br /> Design Assistance Center ("SEDAC") which has resulted in an energy evaluation and <br /> recommendations by SEDAC for the improvement of energy consumption by such building; and <br /> WHEREAS, the SEDAC analysis identified energy efficiency guidelines for the City and <br /> Authority to employee in energy renovations of the building, which guidelines ("guidelines") <br /> contained thirteen different Energy Cost Reduction Measures ("ECRM") concerning the <br /> building's lighting, HVAC systems, equipment controls, building envelope and energy <br /> management, a copy of which thirteen recommendations are attached hereto as Exhibit A and <br /> made a part hereof; and <br /> WHEREAS, this Agreement is to define the duties and obligations of the parties hereto in <br /> regard to implementation of the guideline recommendations insofar as possible, but this <br /> Agreement is not to supersede any Intergovernmental Agreement heretofore entered into between <br /> such parties. <br /> NOW THEREFORE, in consideration of the premises and mutual obligations of the <br /> parties hereto, each party does hereby covenant and agree with the other, for their mutual benefit, <br /> as follows: <br /> 1. Fund. The City presently has in its possession an amount of money ("Fund") which <br /> may be used to deftay the costs of placing into effect the projects ("projects") identified in the <br /> guideline on Exhibit A, provided however, the parties hereto are uncertain that the Fund is <br /> sufficient to complete all projects listed on Exhibit A. <br /> 2. Prioritize. The parties hereto shall agree on the order in which to proceed on the <br /> projects listed on Exhibit A. At such time as it appears to the parties that the balance of money in <br /> Page -2- <br />