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Section 1. DEFINITIONS <br />The following definitions shall apply to this Agreement unless otherwise defined herein: <br />Acceptance means the City has signed the Certificate of Substantial Completion. <br />Acceptance Date means the date on which the City signs the Certificate of Substantial <br />Completion. <br />Commencement Date means the effective date of this Agreement. <br />Construction Period means the period from the Commencement Date of this Agreement <br />to the Acceptance Date. <br />Facilities means those buildings as set forth in Exhibit A, Scope of Services, attached <br />hereto and incorporated herein by reference. <br />Facility Improvement Measures ("FIM") means various items of equipment, devices, <br />materials and/or software as installed by Contractor at the Facilities, or as repaired or <br />replaced by City hereunder, for the purpose of improving the efficiency of utility <br />consumption, or otherwise to reduce utility costs of the Facilities as fully set forth in <br />Exhibit A. <br />Scope of Work means the installation of the equipment and the labor utilized to install <br />such equipment including any necessary services required to be provided thereafter as is <br />more fully described in Exhibit A. <br />Substantial Completion or substantially complete means the first to occur of the <br />following: (i) the Work, or any identifiable portion thereof, is sufficiently complete, in <br />accordance with the provisions of the Agreement relating to the Scope of the Work, <br />Exhibit A, or (ii) temporary, qualified or final certificates of occupancy, if required, have <br />been issued with respect to such portions of the Work by the appropriate public authority. <br />Section 2. Responsibilities of the Parties <br />A. Contractor's Responsibilities: <br />1. Contractor agrees to install certain energy efficiency Facility <br />Improvement Measures ("FIM's") as fully set forth in Exhibit A, Scope <br />of Work, attached hereto and incorporated herein by reference. <br />2. Contractor shall designate a person to be known as the Contractor <br />Representative to act as a single point of contact on behalf of <br />Contractor with respect to all matters under this Agreement. <br />Contractor Representative will become familiar with the progress and <br />quality of the completed work as set forth in this Agreement. <br />25D-6 <br />