Unreported Material Change Sample Clauses

Unreported Material Change. In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption as set forth in Schedule E should not change more than ten percent (10%) during any month from the projected energy usage for that month, after adjustments for changes in climatic conditions. Therefore, if energy consumption for any month as set forth in Schedule E deviates by more than ten percent (10%) the energy consumption for the same month of the preceding contract year after adjustments for changes to climactic conditions, then such deviation shall be timely reviewed by RES to ascertain the cause of deviation. RES shall report its findings to the Customer in a timely manner and RES and Customer shall determine what, if any, adjustments to the baseline will be made in accordance with the provisions set forth in Schedule F.
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Unreported Material Change. In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption as set forth in Schedule E (Baseline Energy Consumption) should not change from year to year after adjustments for changes in climatic conditions. Therefore, if energy and water use for any month is more than five (5) % or more during any month from the projected energy usage for that month, after adjustments for changes in climatic conditions then such deviation shall be deemed to have resulted from a Material Change, except where an increase is due to Equipment malfunction, malfunction of Premises systems, subsystems or components attributable to the Equipment, faulty repair or other negligence or breach of contract by ESCO. In the event an unreported Material Change is identified according to this Section 19.3, the ESCO shall attempt to identify the Material Change and report its findings to the Customer in a timely manner. The ESCO and Customer shall determine what, if any, adjustments to the baseline will be made in accordance with the provisions set forth in Schedule F (Savings Measurement and Calculation Formulae; Methodology to Adjust Baseline) and Schedule E (Baseline Energy Consumption). If no Material Change is identified by the ESCO then no adjustments to the baseline will occur.
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Unreported Material Change. In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption as set forth in Schedule E (baseline Energy Consumption) should not change more than 2.5% during any month from the projected energy use for that month, after adjustments for changes in climate conditions. Therefore, if energy consumption for any month as set forth in Schedule E (Baseline Energy Consumption) deviates by more than 2.5% from the energy consumption of the same month of the preceding contract year after adjustments for changes to climatic conditions, then such deviation shall be timely reviewed by the ESCO to ascertain the cause of deviation. The ESCO shall report its findings to the customer in a timely manner and the ESCO shall determine what, if any adjustments to the baseline will be made in accordance with the provisions see add.
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Unreported Material Change. In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption as set forth in Schedule 2-A should not change more than two percent (2%) during any month from the projected energy use for that month, after adjustments for changes in climate conditions. Therefore, if energy consumption for any month as set forth in Schedule 2-A deviates by more than two percent (2%) from the energy consumption of the same month of the preceding year after adjustments for changes to climatic conditions, then such deviation will be timely reviewed by ▇▇▇ to ascertain the cause of deviation. WES will report its findings to the Customer in a timely manner and ▇▇▇ will determine what, if any, adjustments to the baseline will be made in accordance with the provisions set forth in Schedule 2-B. Exhibit 2-5. GUARANTEED ENERGY SAVINGS (a) WES guarantees that Customer will save $[●] annually during a $[●]-year Guarantee Term. {Use this section if Option A savings is to be used} (1) International Performance Measurement and Verification Protocol Option A – Partially Measured Retrofit Isolation will be utilized to verify Energy Savings of $[●] within the facilities. Energy consumption in Customer’s Premises following the completion of the Scope of Work will be compared to baseline energy consumption in Customer’s Premises as described in Schedule 2-B. {End of selection} {Use this section if Option C savings is to be used} (2) International Performance Measurement and Verification Protocol Option C – Whole Facility will be utilized to verify annual savings of $[●]. Energy consumption in Customer’s Premises following the completion of the Scope of Work will be compared to baseline energy consumption in Customer’s Premises as described in Schedule 2-B. {End of selection} {Use this section if Option D savings is to be used} (3) International Performance Measurement and Verification Protocol Option D – Calibrated Simulation will be utilized to verify annual savings of $[●]. Modeled energy consumption in Customer’s Premises following the completion of the Scope of Work and during the baseline period will be compared using a calibrated energy savings model taking into account, among other things, building parameters, including building geometry, envelope, HVAC systems as described in Schedule 2-B. {End of selection} (4) Customer and WES agree that an additional energy savings of $[●] annually is achieved as guaranteed at [specific facility name ...
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Unreported Material Change. In the absence of any Material Changes in the Premises or in their operations, the energy consumption should not change more than ten percent (10%) during any month from the projected energy usage for that month, after adjustments for changes in climatic conditions. Therefore, if thermal energy consumption for any month deviates by more than ten percent (10%) from the energy consumption for the same month of the preceding contract year, after adjustments for changes to climactic conditions or Material Changes, then such deviation shall be reviewed by the ESCO within thirty (30) days of actual or constructive notice to ascertain the cause of deviation. Within a further thirty (30) days, and no more than sixty (60) days from notice of the deviation, the ESCO shall report its findings to the School District so that the ESCO and School District can determine what remedial actions are necessary to correct the deviation, and what, if any, adjustments to the baseline will be made in accordance with the provisions set forth in Schedule F (Measurement and Verification).
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Unreported Material Change. In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption set forth in Schedule E (Baseline Energy Consumption; Baseline Adjustments) should not change more than two percent (2%) during any month from the projected energy usage for that month, after adjustments for changes in climatic conditions. Therefore, if energy consumption for any month as set forth in Schedule E (Baseline Energy Consumption; Baseline Adjustments) deviates by more than two percent (2%) from the energy consumption for the same month of the preceding contract year, after adjustments for changes to climactic conditions, then such deviation shall be reviewed by the ESCO within thirty (30) days of actual or constructive notice to ascertain the cause of deviation. Within a further thirty (30) days, and no more than sixty (60) days from notice of the deviation, the ESCO shall report its findings to the School District so that the ESCO and School District can determine what remedial actions are necessary to correct the deviation, and what, if any, adjustments to the baseline will be made in accordance with the provisions set forth in Schedule F (Measurement and Verification).
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Unreported Material Change. In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption should not change more than 2% during any month from the projected energy use for that month, after adjustments for changes in climate conditions. Therefore, if energy consumption for any month deviates by more than 2% from the energy consumption of the same month of the preceding contract year after adjustments for changes to climatic conditions, then such deviation shall be timely reviewed by ▇▇▇ to ascertain the cause of deviation. ▇▇▇ shall report its findings to the Customer in a timely manner and ▇▇▇ shall determine what, if any adjustments to the baseline will be made.
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Unreported Material Change. In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption as set forth in Schedule E (Baseline Energy Consumption) should not change more than percent (___%) during any month from the projected energy usage for that month, after adjustments for changes in climatic conditions. Therefore, if energy consumption for any month as set forth in Schedule E (Baseline Energy Consumption) deviates by more than ____ percent ( %) from the energy consumption for the same month of the preceding contract year after adjustments for changes to climactic conditions, then such deviation shall be timely reviewed by ESCO to ascertain the cause of deviation. ESCO shall report its findings to Agency in a timely manner and ESCO and Agency shall determine what, if any, adjustments to the baseline will be made in accordance with the provisions set forth in Schedule F (Savings Measurement and Calculation Formulae; Methodology to Adjust Baseline) and Schedule E (Baseline Energy Consumption).
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Related to Unreported Material Change

  • Material Changes Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the authorized capital stock of the Company or any Material Adverse Effect or any development that would reasonably be expected to cause a Material Adverse Effect, or a downgrading in or withdrawal of the rating assigned to any of the Company’s securities (other than asset backed securities) by any rating organization or a public announcement by any rating organization that it has under surveillance or review its rating of any of the Company’s securities (other than asset backed securities), the effect of which, in the case of any such action by a rating organization described above, in the reasonable judgment of the Agent (without relieving the Company of any obligation or liability it may otherwise have), is so material as to make it impracticable or inadvisable to proceed with the offering of the Placement Shares on the terms and in the manner contemplated in the Prospectus.

  • No Material Changes Prior to and on each of the Closing Date and the Option Closing Date, if any, (i) there shall have been no material adverse change or development involving a prospective material adverse change in the condition or prospects or the business activities, financial or otherwise, of the Company from the latest dates as of which such condition is set forth in the Registration Statement and the Prospectus, (ii) no action suit or proceeding, at law or in equity, shall have been pending or threatened against the Company or any Insider before or by any court or federal, foreign or state commission, board or other administrative agency wherein an unfavorable decision, ruling or finding may materially adversely affect the business, operations, or financial condition or income of the Company, except as set forth in the Registration Statement and the Prospectus, (iii) no stop order shall have been issued under the Act and no proceedings therefor shall have been initiated or, to the Company’s knowledge, assuming reasonable inquiry, threatened by the Commission, and (iv) the Registration Statement, the Sale Preliminary Prospectus and the Prospectus and any amendments or supplements thereto shall contain all material statements which are required to be stated therein in accordance with the Act and the Regulations and shall conform in all material respects to the requirements of the Act and the Regulations, and neither the Registration Statement, the Sale Preliminary Prospectus nor the Prospectus nor any amendment or supplement thereto shall contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

  • No Material Change There has been no material adverse change in the business, operations, financial condition or assets of the Company since the date of the Company's most recent financial statements;