CLIMATEC, LLC - Laserfiche WebLink

Energy Services Agreement 3 04/21/2026 information supplied by CITY. 5. TERMINATION. The Parties may mutually terminate this Agreement through a writing signed by both Parties. CITY may terminate this Agreement for any reason upon providing ESCO with 10 days advance written notice. ESCO agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If CITY terminates this Agreement due to no fault or failure of performance by ESCO, then ESCO shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall ESCO be entitled to receive more than the amount that would be paid to ESCO for the full performance of the Services. 6. CITY PROPERTY. All original documents, drawings, electronic media, and other materials prepared by ESCO pursuant to this Agreement immediately become the exclusive property of CITY and shall not be used by ESCO for any other purpose without CITY’s prior written consent. 7. IMPLMENTATION SCOPE OF WORK. The Scope of Work to be implemented shall be populated after the completion of the Detailed Assessment as Exhibit B. ESCO shall keep the Site(s) in a reasonably clean condition. The City shall always have access to the Work. ESCO will maintain safety in the performance of the Work and shall erect and maintain, as required by conditions and progress of Work, all necessary safeguards including necessary permits, signs, barriers, lights, and security persons for protection of workers and the public and shall post danger signs warning against hazards created by the Work. This Agreement is based upon the use of straight time labor only unless stated otherwise in this Agreement. ESCO agrees to keep the job site clean of debris arising out of its own operations. Except as provided herein, City shall not back charge ESCO for any cost or expenses without ESCO written consent. Unless specifically noted in the scope of work or services undertaken by ESCO under this Agreement, ESCO’s obligations under this Agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal or disposal of environment hazards or dangerous substances, to include but not to be limited to asbestos, PCBs, or mold discovered in or on the premises. However, if any hazardous materials are found, the City has the option to have a 3rd party remediate the hazardous materials or under a separate agreement with ESCO to provide remediation at the job site(s). Any language or provision of the Agreement elsewhere contained which may auth orize or empower the City to change, modify or alter the scope of work or services to be performed by ESCO shall not operate to compel ESCO to perform any work relating to hazards without ESCO’s express written consent 8. . SOLAR INSTALLATION. The Scope of Work excludes correction of concealed conditions that could not have been ascertained by general visual inspection. The Work excludes correction of any existing or previous violations of laws, codes or utility requirements and errors and omi ssions of the City or other contractors not communicated to ESCO. City will provide all discretionary permits (permits requiring the discretion of the issuer) required in time to execute the Work within the agreed upon schedule. ESCO will provide all non-discretionary, ministerial (permits not requiring thought and discretion of the issuer) permits required for the provision of the solar installation. City agrees to promptly execute and return provided Preliminary Interconnection Documentation (initial or preliminary paperwork or documentation required by the Utility for interconnection of the system to be executed by the system owner), Preliminary Rebate Documentation (documentation comprising the initial or preliminary paperwork requ ired by the administrator of the Rebate or the Rebate to be reserved) (if applicable), and Site Owner Consent Documentation (agreement from the site owner to install system on the real property identified in the proposal) (if applicable). An Exhibit “B” will include commercially reasonable efforts to promptly Docusign Envelope ID: 2FACAA06-C000-8E3B-8363-DD2D556A0D51Docusign Envelope ID: 8C132635-A597-8F5D-8082-3EB7B8AE19BF