12.
GENERAL CONDITIONS 5 EE]
NERGY EFFICIENT INVESTMENTS. INC
This agreement applies only to equipment installed prior to effective date of this agreement and
as described in this agreement. Normal working hours (7 a.m. to 3:30 p.m.; Monday through
Friday, excluding holidays) will apply to all services, unless otherwise agreed toherein.
This agreement assumes the systems covered to be in maintainable condition. If repairs are found necessary upon initial inspection
or initial seasonal start-up, repair charges will be submitted for approval. Should these restoration charges be declined, those non
maintainable items willbe eliminated fromthe program and the agreement price adjusted accordingly.
ft is agreed that the customer shall provide reasonable means of access to all devices which are to be maintained. Normal operation
such as Starting, stopping and resetting of the listed equipment is not included in this program. How ever, Energy Efficient Investments,
Inc. shall be permitted to start and stop all equipment incidental to the operation of the mechanical system.
lf the system is modified, changed or altered, or if any equipment is added, or if the systemis removed within the premises or to other
premises, Energy Efficient Investments, Inc., at its sole option, reserves the right to terminate or re-negotiate this agreement based
on the condition of the system after the changes have been made.
tt is agreed that the contract price shall be adjusted yearly after the initial term; such adjustments shall be consistent w ith Energy
Efficient Investments, Inc. increases in subject contract labor and material costs. This agreement may be terminated after its initial
term or any subsequent anniversary by either party by giving written notice to the other party a minimum of 30 days prior to the
anniversary date.
Energy Efficient Investments, Inc. shall not, under any circumstances, be liable for injury to persons or damage to property unless
such injury or damage is caused directly by a negligent act of omission or commission by Energy Efficient Investments, Inc.’ agents,
employees or subcontractors.
Energy Efficient Investments, Inc. and Customer assume the non-occurrence of the following contingencies which, w ithout limitation,
might render performance by Energy Efficient Investments, Inc. impractical: strikes, fires, war, acts of God, late or non-delivery by
suppliers of Energy Efficient Investments, Inc., and all other contingencies beyond the reasonable control of Energy Efficient
Investments, Inc. Under no circumstances shall Energy Efficient Investments, Inc. be liable for any special or consequential damages
whether based upon lost goodw ill, lost profits, work stoppage, impairment of other goods or otherwise; and whether arising out of
breach of warranty, breach of contract, negligence or otherwise, except only in the case of personal injury where applicable law
requires such liability. But in no event shall Energy Efficient Investments, Inc.’s liability exceed the purchase price paid under this
contract.
The Customer shall pay Energy Efficient Investments, Inc., in addition to the contract price, the amount of all present and future taxes
or any other government charge now or hereafter imposed by existent or future laws with respect to the transfer, use, ownership or
possession of equipment to which this agreement relates, exclusive of ordinary personal property taxes assessed against Energy
Efficient Investments, Inc.
Energy Efficient Investments, Inc. shall not be held responsible or liable w hatsoever for the indoor air quality of the Customer’s Facility.
In the event Energy Efficient Investments, Inc. is required to make any repairs and/or replacement and/or emergency calls occasioned
by improper operation or misuse of equipment covered by this agreement or any cause beyond the control of Energy Efficient
Investments, Inc., the customer shall reimburse Energy Efficient Investments, Inc. for expenses incurred in making repairs and/or
replacements and/or emergency calls in accordance with the contracted rates for performing such service.
lf equipment becomes non-repairable due to unavailability of replacement parts, Energy Efficient Investments, Inc., at its option, may
remove the equipment from the contract and will not be required to maintain or service such equipment as a part of this agreement.
How ever, Energy Efficient Investments, Inc. will assist the owner in replacing the equipment at an additional cost.
If Customerchooses not to continue with this agreement before the term of any Energy Savings Guarantee Energy Efficient
Investments, Inc. willno longer be responsible for the Measurement and Verification required underthe associated Energy
Services Agreement, and will no longer be responsible for any shortfalls that may occur.
The price quoted is valid for thirty (30) days fromthe proposal date. Energy Efficient Investments, Inc., at its option, reserves the right
to not accept this Agreement if it is signed by the Customer after this thirty (30) day period.
Energy Efficient Investments, Inc. reserves the right to discontinue this Systems Support Agreement at any time, without notice, if
payments as agreed to have not been received by Energy Efficient Investments, Inc.
M&¥V SSA EEI Nashua 012720