Unreported Material Changes. Upon and after the Acceptance Date and in the absence of any reported Material Change(s) in the Facility or in their operations, if energy savings deviates more than eight percent (8%) during an annual basis from projected energy savings for that year, after adjustment for changes in climatic conditions, then the ESCO shall review such changes in a timely manner to ascertain the cause of such deviation. The ESCO shall report its findings to the University in a timely manner. The ESCO and the University shall determine what, if any, adjustments to the Baseline set forth in Schedule E are necessary. Any disputes between the ESCO and the University concerning any such adjustment shall be resolved in accordance with Section 10.3.
Appears in 3 contracts
Sources: Energy Services Agreement, Energy Services Agreement, Energy Services Agreement