8977

Energy savings performance contracts shall include provisions on contingencies in the event that actual savings fall below savings projections. Contingency measures shall include: adjustment in the distribution of savings between the parties; a payment priority order; the extension of the energy savings performance contract; the extension and improvement of financing terms and conditions; the implementation of measurement and ascertainment criteria to match actual savings with savings projections; and, as a last resort, terminate the energy savings performance contract, after having paid for any expenses incurred.\nHistory —Jan. 17, 2012, No. 19, § 2.16.