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Projected Annual Savings means the amount of cash and energy savings Customer is projected to <br />recognize in one year as a result of designed engineering services Facility Improvement Measures and <br />designated Operational Savings. The calculations to arrive at the Projected Annual Savings have been <br />conducted utilizing best practice techniques available for verifying the results of energy efficiency. <br /> <br />Shortfall means if the Actual Annual Savings results in an amount less than the Customers Annual <br />Debt Service Payment plus the cost of the Technical Support Program, there is Shortfall amount for <br />that annual year. In the case of a Shortfall, Contractor shall reimburse to Customer the amount of the <br />shortfall. <br /> <br />Technical Support Program ("TSP") means services to be provided by Contractor to the Customer <br />during the Performance Guarantee Period. Said services are fully set for the in Exhibit C attached <br />hereto and incorporated herein by reference. <br /> <br />Scope of Work means the implementation of the F1M's to be performed as fully set forth in Exhibit A. <br /> <br />Section 2. SCOPE OF SERVICES <br /> <br />A. Contractor's Responsibilities: <br /> <br />1. Contractor agrees to install, maintain and guarantee certain energy Facility <br />Improvement Measures ("FIM's") as fully set forth in Exhibit A, Scope of Work, and <br />Attachment 1 of Exhibit A, Special Provisions, attached hereto and incorporated herein <br />by reference. <br />2. Contractor guarantees that the Actual Annual Savings will be at a minimum equal to <br />the Customers Debt Service payment plus the cost of the TSP. Details of said guarantee <br />are fully set forth in Exhibit B attached hereto and incorporated herein by reference. <br />3. Contractor agrees to provide a Technical Support Program in order to maintain <br />FIM's. Details of said Technical Support Project are fully set forth in Exhibit C <br />attached hereto and incorporated herein by reference. <br />4. Contractor shall designate a person to be known as the Contractor Representative to <br />act as a single point of contact on behalf of Contractor with respect to all matters under <br />this Agreement. Contractor Representative will become familiar with the progress and <br />quality of the completed work as set forth in this Agreement.\ <br />5. Contractor shall be responsible for the maintenance of all energy management <br />automation equipment installed pursuant to this Agreement. <br />6. Contractor shall comply with all light and temperature level modifications as <br />outlined in the spreadsheet attached hereto. <br />6. Contractor shall comply with all City, State and Federal laws related to waste <br />disposal, including disposal of fluorescent lights, ballast with PCB and regular ballast. <br />Contractor shall provide disposal manifest as requested. Details of Trash disposal <br />requirements are fully set forth in Exhibit L attached hereto and incorporated herein by <br />reference. <br /> <br />3 <br /> <br /> <br />