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.3 Attachment 3, Measurement and Verification Plan
<br />.4 Exhibit A, Insurance and Bonds
<br />.5 Exhibit B, Contractor's Schedule
<br />.6 Other documents, if any, listed below: Not Applicable.
<br />ARTICLE GENERAL PROVISIONS
<br />§ 7.1 The Contract Documents
<br />The Contract Documents are enumerated in Article 6 and consist of this Agreement and other documents listed in this
<br />Agreement, and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment
<br />to the Contract signed by both parties, or (2) a Change Order. The intent of the Contract Documents is to include all
<br />items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are
<br />complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor
<br />shall he required to the extent consistent with the Contract Documents.
<br />§ 7.1.1 In the event of any conflict between the Investment Grade Audit Proposal and the provisions of this Agreement
<br />and the Contract Documents, this Agreement and the other Contract Documents shall govern the Investment Grade
<br />Audit Proposal.
<br />§ 7.2 The Contract
<br />The Contract Documents form the Guaranteed Energy Savings Contract. The Contract represents the entire and
<br />integrated agreement between the Parties and supersedes prior negotiations, representations, or agreements, either
<br />written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not
<br />be construed to create a contractual relationship of my kind between any persons or entities other than the Owner and
<br />the Contractor.
<br />§ 7.3 The Work
<br />The term "Work" means the design, engineering, supervision, materials, equipment, construction and other services
<br />as described in Attachment 1 — Scope of Work required by the Contract Documents, whether completed or partially
<br />completed, and includes all other labor, materials, equipment, and services provided or to be provided by the
<br />Contractor to fulfill the Contractor's obligations. The Work constitutes a part of the Project and excludes work to be
<br />performed by Owner or Owner's Separate Contractors. All Work will be subject to the Energy and Savings Program
<br />set forth in Attachment 2 — Energy Savings Program and the terms and conditions of this Agreement.
<br />§ 7.3.1 If, and where applicable, all fleet leasing, fleet fuel conversion or information technology equipment purchases
<br />recommended by this Agreement are not part of the Work and shall be contracted separately by Owner.
<br />§ 7.32 This Work does not include the design of existing systems, or responsibility for existing system obsolescence,
<br />vandalism, misuse or abuse, negligence, repair or replacement necessitated by freezing weather, electrical power
<br />failure, low voltage, burned -out main or branch fuses, low water pressure, or other causes beyond the control of
<br />Contractor.
<br />§ 7.4 Instruments of Service
<br />Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible
<br />and intangible creative work performed by the Contractor and the Contractor's consultants under their respective
<br />professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models,
<br />sketches, drawings, specifications, and other similar materials.
<br />§ 7.5 Ownership and use of Drawings, Specifications and Other Instruments of Service
<br />§ 7.5.1 The Contractor shall be deemed the author and owner of Contractor's and Contractor's Subconsultants' and
<br />Subcontractors' respective Instruments of Service, including Attachment 1 and all Submittals, and will retain all
<br />common law, statutory and other reserved rights in their Instruments of Service, including copyrights. Submittal or
<br />distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be
<br />construed as publication in derogation of the Contractor's reserved rights.
<br />§ 7.52 Subcontractors, Sub -subcontractors and suppliers are authorized to use and reproduce the Instruments of
<br />Service provided to them, subject to the protocols established pursuant to Sections 7.6 and 7.7, solely and exclusively
<br />for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on
<br />the Instruments of Service. Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service
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