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Agmt00 Noresco
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Agmt00 Noresco
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Last modified
9/26/2005 12:10:03 PM
Creation date
9/22/2005 4:20:20 PM
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Template:
Agreement
Contractor Name
Noresco
PROJECT NAME
energy services & conservation
RMP File Number
304
Date
12/19/2000
Reso Ref
14110
MO Ref
02-39
Box
6039
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<br />SECTION 4 - Right of Entry <br /> <br />Customer and NORESCO shall mutually plan the scheduling of the work. <br />Customer shall provide NORESCO , and its employees, agents and <br />subcontractors, access to the Property for the purpose of fulfilling NORESCO 's <br />obligations under this Agreement. <br /> <br />SECTION 5 - Chanae in Work <br /> <br />NORESCO may propose changes in the Scope of Work described in <br />Attachment B, including without limitation the types or quantities of ECMs to be <br />installed, substantially in the form of Attachment E, the Change Order Form. <br />Customer shall not unreasonably withhold or delay approval of such change <br />orders provided that the intent of the change is consistent with the original Scope <br />of Work. Any change order under the sum of $20,000.00 may be authorized in <br />writing by the Director of Parks & Recreation Services on behalf of Customer. <br />Any change order in the sum of $20,000.00, or above, shall be authorized by <br />motion of the City Council of the City of Redwood City. In the events that the <br />cumulative effect of change orders amounts to a sum in excess of $40,000.00, in <br />the aggregate, the change order which makes the sum of the change orders <br />exceeds the sum of $40,000.00 shall be approved by motion of the City Council <br />of the City of Redwood City. <br /> <br />SECTION 6 - Warranties <br /> <br />NORESCO warrants that the installation services it performs will be performed <br />consistent with good and workmanlike practices and that such work will be free <br />from defects in materials and workmanship for a period of one (1) year. Any <br />manufacturer's warranties shall be assigned to Customer to the extent allowed <br />by the manufacturer. NORESCO DOES NOT WARRANT THAT THE SYSTEM <br />WILL ACHIEVE ANY SPECIFIC LEVEL OF ENERGY SAVINGS. EXCEPT AS <br />PROVIDED ABOVE, NORESCO MAKES NO WARRANTIES OR <br />REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY, WRITTEN, <br />ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF <br />MERCHANTABILITY, OR SUITABILITY FOR A PARTICULAR PURPOSE <br />REGARDING (i) THE SYSTEM, ANY PORTION OF THE SYSTEM, OR <br />SERVICES SUPPLIED BY NORESCO HEREUNDER TO (ii) THE SYSTEM OR <br />ANY PORTION THEREOF ACQUIRED BY THE CUSTOMER UNDER THIS <br />AGREEMENT. <br /> <br />- 3- <br /> <br />12/12/00 <br />
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