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<br />ENERGY SERVICES AGREEMENT BY AND BETWEEN <br />THE CITY OF REDWOOD CITY AND NORESCO , LLC. <br /> <br />THIS AGREEMENT entered into this Æ- day of ~.M hv <br />2000 (the "Effective Date"), by and between the City of Redwood City, a municipal <br />corporation of the State of California, having its principal place of business at <br />1017 Middlefield Road, Redwood City, CA (hereinafter referred to as "Customer") and <br />NORESCO , LLC., having its principal place of business at Point West Place, 111 <br />Speen Street, Suite 500, Framingham, MA 01701 (hereafter referred to as <br />"NORESCO"). The signatories of this Agreement will be collectively referred to as the <br />"Parties". <br /> <br />WHEREAS, Customer wishes NORESCO to install equipment and take other <br />actions at those of Customer's facilities described in Attachment A (the "Property") and <br />NORESCO wishes to so install equipment and take such actions; <br /> <br />NOW, THEREFORE, in consideration of the mutual promises and agreements <br />contained herein, the Parties hereby agree as follows: <br /> <br />SECTION 1 - Scope of Work <br /> <br />(a) <br /> <br />(b) <br /> <br />NORESCO shall furnish all labor, materials and equipment to perform all <br />work required for the completion of the Scope of Work set forth in <br />Attachment B, as such Scope of Work and such Attachment may be <br />modified in accordance with this Agreement (the "System") at the <br />Property. The System shall include installation of equipment and all <br />services provided as described in Attachment B. Ownership and title of <br />the System and all its components thereof shall be transferred to <br />Customer upon acceptance of the installation. <br /> <br />NORESCO shall be responsible for disposal of all non-hazardous <br />equipment and materials rendered useless as a result of the installation of <br />the System. In addition, NORESCO shall be responsible for the disposal <br />of all lamps and PCB-contaminated ballasts rendered useless or removed <br />as a result of the installation of the System. In the event NORESCO <br />encounters hazardous waste or materials other than lamps and PCB- <br />contaminated ballasts, it shall notify Customer and await instructions as to <br />how to proceed. Such disposal work shall be administered in accordance <br />with Section 5., Change In Work. <br /> <br />- 1 - <br /> <br />12/12/00 <br />