SIEMENS BUILDING TECH 1 -2003 - Laserfiche WebLink

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Acceptance means the Customer has signed the Certificate of Substantial Completion. Acceptance Date means the date on which the Customer signs the Certificate of Substantial Completion. Annual Performance Guaranteed Periods means the periods of time beginning with the first day of each month following the Acceptance Date and continuing for one (1) year periods during the term of the contract. Annual Project Costs means all costs incurred by Customer in one year relating to this Agreement. Actual Annual Savings means the measured amount of cash and energy savings Customer recognizes in one year as a result of Facility Improvement Measures and designated Operational Savings. The calculations to arrive at the Actual Annual Savings are set forth in Exhibit D attached hereto and incorporated herein by reference. Annual Guarantee means that the cash savings Customer will realize as a result of the Facility Improvement Measures shall be an amount equal to the cost of the annual Debt Service plus the cost of the Technical Support Program. If the amount is lower, there is a shortfall. Said Guarantee is set forth in Exhibit B attached hereto and incorporated herein by reference. Commencement Date means the effective date of this Agreement. Construction Period means the period from the Commencement Date of this Agreement to the Acceptance Date. Construction Period Savings means the projected amount of cash savings Customer recognizes as a result of Facility Improvements Measures and designated Operational Savings during the Construction Period. Escalation Factor means an annual escalation percentage to be applied to the previous years Energy Savings, Operational Savings and Technical Service Agreement, as set forth in Exhibit D. Facilities means those buildings as set forth in Exhibit A Scope of Services, attached hereto and incorporated herein by reference. Facility Improvement Measures (FIM") means various items of equipment, devices, materials and/or software as installed by Contractor at the Facilities, or as repaired or replaced by Customer hereunder, for the purpose of improving the efficiency of utility consumption, or otherwise to reduce utility costs of the Facilities as set forth in Exhibit A. Operational Savings or Designated Savings means cash savings realized by the Customer as a result of the implementation of the FIM's. Said amounts have been mutually agreed upon by Contractor and the Customer. The Operational Savings for each annual period are set forth in Exhibit D.