INVESTMENT GRADE AUDIT AGREEMENT This Investment Grade Audit Agreement (the Agreement”) is entered into on “Audit _____________, by and between ________________ (the and ______________ (the “Agency”) The Agency and the Contractor are referred to herein as the “Contractor”). “Parties”. Background A. The Agency desires to implement certain energy conservation measures (“ECMs”) at its facilities (the Facilities”) described in Exhibit 1 (Agency Facilities). “Agency B. Sustainable Energy Utility, Inc. (the a non-profit corporation that was “SEU”), created by the State of Delaware pursuant to the Delaware Energy Act, Del. Code Ann. tit. 29 § 8059(c), has established a program (the to facilitate the implementation and “Program”) financing of ECMs by as defined in the Energy Performance Contracting Act. “agencies” C. The Agency is an as defined in the Energy Performance Contracting Act “agency” (29 Del. C. § 6972) (the Performance Contracting Act”) and the Agency has “Energy determined that it would be in its best interest to implement such ECMs by participating in the Program. D. The Contractor has experience in successfully implementing ECMs in public and institutional facilities and the SEU has determined that the Contractor is a provider” as “qualified defined in the Energy Performance Contracting Act. E. The Agency has selected the Contractor from the group of energy service companies prequalified by the SEU. F. A comprehensive investment energy and water use and savings analysis (the must be performed at the Facility to confirm the feasibility of entering into a “Audit”) guaranteed energy and water savings agreement (“GSA”) to provide for the installation and implementation of ECMs at the Facility. G. If the Proposed Project is demonstrated to be feasible, and if the amount of energy savings guaranteed by the Contractor are sufficient to all costs associated with the Project, the Parties intend to enter into a GSA in the form attached as Exhibit 2 (Form of Guaranteed Savings Agreement) pursuant to which the Contractor will design, procure, install, and implement the Proposed Project in accordance with the Scope of Construction Work set forth in Schedule A.
INVESTMENT GRADE AUDIT AGREEMENT This Investment Grade Audit Agreement (the “Audit Agreement”) is entered into on _____________, by and between ________________ (the “Agency”) and ______________ (the “Contractor”). The Agency and the Contractor are referred to herein as the “Parties”. Background A. The Agency desires to implement certain energy conservation measures (“ECMs”) at its facilities (the “Agency Facilities”) described in Exhibit 1 (Agency Facilities). B. Sustainable Energy Utility, Inc. (the “SEU”), a non-profit corporation that was created by the State of Delaware pursuant to the Delaware Energy Act, Del. Code Ann. tit. 29 § 8059(c), has established a program (the “Program”) to facilitate the implementation and financing of ECMs by “agencies” as defined in the Energy Performance Contracting Act. C. The Agency is an “agency” as defined in the Energy Performance Contracting Act (29 Del. C. § 6972) (the “Energy Performance Contracting Act”) and the Agency has determined that it would be in its best interest to implement such ECMs by participating in the Program. D. The Contractor has experience in successfully implementing ECMs in public and institutional facilities and the SEU has determined that the Contractor is a “qualified provider” as defined in the Energy Performance Contracting Act. E. The Agency has selected the Contractor from the group of energy service companies prequalified by the SEU. F. A comprehensive investment energy and water use and savings analysis (the “Audit”) must be performed at the Facility to confirm the feasibility of entering into a guaranteed energy and water savings agreement (“GSA”) to provide for the installation and implementation of ECMs at the Facility. G. If the Proposed Project is demonstrated to be feasible, and if the amount of energy savings guaranteed by the Contractor are sufficient to all costs associated with the Project, the Parties intend to enter into a GSA in the form attached as Exhibit 2 (Form of Guaranteed Savings Agreement) pursuant to which the Contractor will design, procure, install, and implement the Proposed Project in accordance with the Scope of Construction Work set forth in Schedule A.
deseu-iga-agreement.docx