SIEMENS BUILDING TECH 1 -2003 - Laserfiche WebLink

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EXHIBIT B CONTRACTOR'S GUARANTEE Section 1. ANNUAL GUARANTEE Contractor guarantees that the Actual Annual Savings generated from the date hereof will be equal to the Annual Debt Service plus the Cost of the TSP inctwred by the Customer. Ifthe Actual Annual Savings for any Annual Period is less than the Annual Debt Service plus the TSP, there is a Shortfall. In the event of a Shortfall, the Contractor shall pay to the Customer the difference between the Actual Annual Savings and the Annual Debt Service plus the Cost of the TSP for that Annual Period. Contractor shall make said payment within 10 days notification of a Shortfall. The Methodology for determining savings is set for in Exhibit D attached hereto and incorporated herein by reference. The Annual Guarantee is subject to a condition precedent that the Customer enter into and maintain, during the entire term of the Contract, the Technical Support Program. If the Customer fails to enter into, breaches, cancels, or otherwise causes the termination of the Technical Support Program this Annual Guarantee shall terminate. Section 2. PROJECTED SAVINGS. The projected saving amounts are set forth in Exhibit D attached. Section 3. GUARANTEE ACCOUNTING: Contractor shall prepare an aunual reconciliation statement sixty (60) calendar days following the conclusion of each annual period covered by this Agreement in order to determine whether Actual Annual Savings for the each year will result in a Shortfall. Contractor will have 90 days to cure a Shortfall. Section 4. ENERGY & OPERATIONAL DESIGNATED SAVINGS. The Customer and the Contractor agree that the Operational Designated Savings (as detailed in Exhibit D, Table 2 (a) and 2 (b)) will be set upon execution of this Agreement. Said Energy and Operational Savings will be used during the entire duration of this Agreement in the calculation of Actual Annual Savings. Section 5. CHANGES THAT MAY AFFECT GUARANTEE For the purposes of this section the following definitions shall apply: Energy consuming equipment means computer's, copiers and / or mechanical/electrical devices related to normal business operation requiring electrical power for operation (including lighting). Business Conducted means major changes in operational environment as it relates to increased or reduced energy consumption (i.e. leasing City owned space to private industry, relocating existing City departments to new facilities, etc.)