Utility Incentives. Any utility incentive payments expected to be achieved as set forth in the Schedule B-6: Payment Terms, Total Contract Value, and Energy Savings shall, at the sole and absolute discretion of DCAMM, be subject to withholding of retainage until satisfactory evidence is produced to DCAMM evidencing all available incentive amounts have been properly applied for and CONTRACTOR has responded to and cooperated with any and all requests from the applicable utility company to ensure such utility incentives are approved and assigned to DCAMM. All such utility incentive amounts shall accrue to DCAMM. In the event that CONTRACTOR guarantees the Utility Incentive amounts and fails to obtain them, the Total Contract Value will be reduced by the difference between the amount guaranteed by CONTRACTOR and the amount actually obtained.
Appears in 3 contracts
Sources: Energy Services Agreement, Energy Services Agreement, Energy Services Agreement