Common use of Changes to the System Clause in Contracts

Changes to the System. In the event there are any changes to the System before or after the Service Start Date (e.g. it differs from the description in the “Contract” Schedule 1 Scope of Work), the following will apply: (i) JCI will have the right: (a) to modify this Agreement to reflect the changes to the System and adjust the annual cost of this Agreement and adjust the Forecasted Year 1 Annual Energy and/or Guarantee Level, or (b) to terminate this Agreement (i) if before the Service Start Date, on notice, and (ii) if after the Service Start Date, on thirty (30) days’ notice. (ii) If JCI issues modifications to this Agreement pursuant to Section II.A.(i)(a), JCI will provide Customer with the modified Agreement, in written or electronic form. Customer will have thirty (30) days from the time the modified Agreement is sent to reject it. If Customer do not provide JCI with written notice of Customer’s decision to reject the modifications within thirty (30) days, the modifications to the Agreement will be deemed accepted and Customer will have agreed to be bound by the terms thereof. If Customer provides JCI with written notice of Customer decision to reject the modifications within thirty (30) days, Customer and JCI will discuss the matter in good faith for five (5) business days. If the parties do not mutually agree on a solution, this Agreement will be deemed terminated.