Common use of Utility Incentives Clause in Contracts

Utility Incentives. Any utility incentive payments expected to be achieved as set forth in the Schedule B-3: Payment Terms 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 approved by the applicable utility company and assigned 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 2 contracts

Sources: Energy Services Agreement, Energy Services Agreement