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SAVINGS PROJECTS, RETROFITTING, ENERGY CONSERVATION, ENERGY
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INFRASTRUCTURE OUTSOURCING, POWER GENERATION AND ENERGY SUPPLY
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AND RISK MANAGEMENT.
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* * *
5
"OPERATING COSTS."
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(1)
AS FOLLOWS:
REDUCTIONS IN EXPENSES, INCLUDING ENERGY-RELATED
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COST SAVINGS, RELATED TO ENERGY AND WATER CONSUMING EQUIPMENT
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OR THE BUILDING ENVELOPE.
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(2)
THE TERM INCLUDES:
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(I)
OPERATING AND MAINTENANCE SAVINGS.
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(II)
CAPITAL FUNDS BUDGETED FOR PROJECTS THAT, DUE
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TO THE ENERGY SERVICES COMPANY PROJECT, WILL NOT BE
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NECESSARY.
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* * *
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SECTION 5.
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AMENDED TO READ:
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ยง 3754.
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(A)
SECTIONS 3754(A) AND 3755(C) OF TITLE 62 ARE
CONTRACT PROVISIONS.
GENERAL RULE.--A GUARANTEED ENERGY SAVINGS CONTRACT MAY
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PROVIDE THAT ALL PAYMENTS, EXCEPT OBLIGATIONS ON TERMINATION OF
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THE CONTRACT BEFORE ITS SCHEDULED EXPIRATION, SHALL BE MADE OVER
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A PERIOD OF TIME. EVERY GUARANTEED ENERGY SAVINGS CONTRACT THAT
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REQUIRES PAYMENTS OVER A PERIOD OF TIME SHALL PROVIDE THAT,
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AFTER THE INITIAL YEAR OF THE CONTRACT, THE SAVINGS IN EVERY
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SUBSEQUENT YEAR ARE GUARANTEED TO THE EXTENT NECESSARY TO MAKE
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PAYMENTS UNDER THE CONTRACT DURING THAT YEAR. A GUARANTEED
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ENERGY SAVINGS CONTRACT, IN ADDITION TO THE QUANTIFICATION AND
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GUARANTEE OF ENERGY SAVINGS, SHALL EXPRESSLY STATE, QUANTIFY AND
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VALIDATE THE BUDGETARY SOURCES OF ALL ENERGY-RELATED COST
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SAVINGS AND OPERATING COSTS UTILIZED TO SATISFY THE FINANCIAL
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OBLIGATIONS AND PERFORMANCE DURING THE TERM OF THE AGREEMENT.
20160HB2107PN4118
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