Common use of M&V Reports Clause in Contracts

M&V Reports. (a) As more particularly described in Section 5.5(c) or 5.5(d), and upon receipt of all relevant data and any other information required pursuant to the M&V Plan, the LDC will request the Technical Reviewer to complete a M&V Report for each M&V Reporting Period specified in the M&V Plan within a reasonable period of time. (b) The Participant will fulfill all of its obligations as required pursuant to the M&V Plan, including (i) acquiring and installing metering equipment required by the M&V Plan; (ii) collecting and delivering to the LDC and the Technical Reviewer all relevant data and any other information required pursuant to the M&V Plan; and (iii) providing the LDC and the Technical Reviewer with all reasonable access to the Facilities and other related buildings, premises and lands owned or occupied by it related to the Project or Portfolio, as the case may be, in order for the Technical Reviewer to prepare the M&V Reports and/or to observe the installation of such metering equipment. (c) If the Advanced Incentive Payment Option is elected hereunder: i. provided that the Participant has complied with Section 5.5(b), within 10 Business Days of receipt of all necessary information required for the preparation of a M&V Report, the LDC will request the Technical Reviewer to prepare and deliver to the LDC, in form and substance acceptable to the LDC and the Technical Reviewer: A. in connection with the request for payment set out in Section 7.1(a)(v), the first M&V Report in respect of the first full year immediately following the In-Service Date; and B. annual M&V Reports, immediately subsequent to the first M&V Report referred to in Section 5.5(c)(i)A in respect of each subsequent M&V Reporting Period; and ii. the provisions of Section 5.5(d) will not be applicable. (d) If the Deferred Incentive Payment Option is elected hereunder: i. provided that the Participant has complied with Section 5.5(b), within 10 Business Days of receipt of all necessary information required for the preparation of a M&V Report, the LDC will request the Technical Reviewer to prepare and deliver to the LDC, in form and substance acceptable to the LDC and the Technical Reviewer: A. in connection with the requests for payment set out in Section 7.2(a), consecutive quarterly M&V Reports commencing with the first quarter immediately following the In-Service Date and ending with the fourth quarter immediately following the In-Service Date, respectively; and B. annual M&V Reports, immediately subsequent to the fourth quarterly M&V Report referred to in Section 5.5(d)(i)A in respect of each subsequent M&V Reporting Period; and ii. the provisions of Section 5.5(c) will not be applicable. (e) The Technical Reviewer will provide a copy of each M&V Report to the LDC, and the LDC will provide a copy of the M&V Report to the Participant, within 10 Business Days of receipt of all necessary information. (f) The actual Electricity Savings as determined by the Technical Reviewer and set out in any M&V Report will be used by the LDC and the Technical Reviewer, among other things, to assess whether the Project or Portfolio, as the case may be, has achieved at least 80% of the Anticipated Electricity Savings for such M&V Reporting Period.

M&V Reports. (a) As more particularly described in Section 5.5(c) or 5.5(d), and upon receipt of all relevant data and any other information required pursuant to the M&V Plan, the LDC will request the Technical Reviewer to complete a an M&V Report for each M&V Reporting Period specified in the M&V Plan within a reasonable period of time. (b) The Participant will fulfill all of its obligations as required pursuant to the M&V Plan, including (i) acquiring and installing metering equipment required by the M&V Plan; (ii) collecting and delivering to the LDC and the Technical Reviewer all relevant data and any other information required pursuant to the M&V Plan; and (iii) providing the LDC and the Technical Reviewer with all reasonable access to the Facilities Facility and other related buildings, premises and lands owned or occupied by it related to the Project or Portfolio, as in order for the case may be, Technical Reviewer to prepare the M&V Reports and/or to observe the installation of such metering equipment; and (iv) causing the third party(ies) that own and/or occupy the Facility to collect and deliver to the LDC and the Technical Reviewer all relevant data and any other information required pursuant to the M&V Plan and provide the LDC and the Technical Reviewer with all reasonable access to the Facility in order for the Technical Reviewer to prepare the M&V Reports and/or to observe the installation of such metering equipment. (c) If the Advanced Incentive Payment Option is elected hereunder: i. (i) provided that the Participant has complied with Section 5.5(b), within 10 Business Days of receipt of all necessary information required for the preparation of a M&V Report, the LDC will request the Technical Reviewer to prepare and deliver to the LDC, in form and substance acceptable to the LDC and the Technical Reviewer: A. in connection with the request for payment set out in Section 7.1(a)(v), the first M&V Report in respect of the first full year immediately following the In-Service Date; and B. annual M&V Reports, immediately subsequent to the first M&V Report referred to in Section 5.5(c)(i)A in respect of each subsequent M&V Reporting Period; and (ii. ) the provisions of Section 5.5(d) will not be applicable. (d) If the Deferred Incentive Payment Option is elected hereunder: i. (i) provided that the Participant has complied with Section 5.5(b), within 10 Business Days of receipt of all necessary information required for the preparation of a M&V Report, the LDC will request the Technical Reviewer to prepare and deliver to the LDC, in form and substance acceptable to the LDC and the Technical Reviewer: A. in connection with the requests for payment set out in Section 7.2(a), consecutive quarterly M&V Reports commencing with the first quarter immediately following the In-Service Date and ending with the fourth quarter immediately following the In-Service Date, respectively; and B. annual M&V Reports, immediately subsequent to the fourth quarterly M&V Report referred to in Section 5.5(d)(i)A in respect of each subsequent M&V Reporting Period; and (ii. ) the provisions of Section 5.5(c) will not be applicable. (e) The Technical Reviewer will provide a copy of each M&V Report to the LDC, and the LDC will provide a copy of the M&V Report to the Participant, within 10 Business Days of receipt of all necessary information. (f) The actual Electricity Savings as determined by the Technical Reviewer and set out in any M&V Report will be used by the LDC and the Technical Reviewer, among other things, to assess whether the Project or Portfolio, as the case may be, has achieved at least 80% of the Anticipated Electricity Savings for such M&V Reporting Period.