Energy savings performance contracts shall provide that all payments between the parties, except for obligations upon termination of the contract before its expiration date, shall be made pursuant to the agreements in the energy savings performance contract between the government unit and the qualified energy savings company. Seeing as the objective of such energy savings performance contracts the implementation of measures to conserve energy and generate savings in energy and operating costs, such payments shall be subject to the completion and success of savings measures stated in the contract, and the energy savings company shall be under the obligation to assume any monetary difference between the energy consumption savings set forth in the contract and those generated each year under contract.
History —Jan. 17, 2012, No. 19, § 2.13.