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"Equipment" means the installed products to be provided by Siemens as described in the <br />Scope of Work - DesignlBuild, Exhibit A-1. <br />"Facility" or "Facilities" means the building(s), structure(s), or area(s) where Work will be <br />installed or implemented. It shall have the same meaning as the term "Site". <br />"Guarantee Term" means 15 years from the Acceptance Date. <br />"Hazardous Material" means hazardous material, as defined in the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1980, as amended, the <br />regulations promulgated thereunder, and other applicable federal, state or local law. <br />"Instruments" means Siemens' underlying methodologies and proprietary interests in the <br />project that pertain to remote monitoring of the Equipment. <br />"kW" and "kWh" means kilowatt and kilowatt hour, respectively. <br />"Maintenance Services" means the Services performed in the Scope of Work and Services, <br />Exhibit A-2 Scope of Work -Maintenance Services. <br />"Notice of Completion" means documentation filed by the City agreeing that the Work is <br />complete in accordance with the Agreement and such Work is accepted by the City. <br />"Parties" means the City and Siemens. <br />"Performance Assurance" is the process of ascertaining that the Work defined in the Scope <br />of Work and Services, Exhibit A, are performing at the guaranteed values that are defined in <br />the Performance Guarantee & Performance Assurance, Exhibit C. <br />"Performance Guarantee" means the guarantee that Siemens makes to the City which is <br />reconciled and confirmed through the Performance Assurance process set forth in Exhibit C. <br />"Performance Guarantee Period" means the entire period from the Guarantee Date of this <br />Agreement until the termination or expiration of this Agreement set forth herein. <br />"Permitted Users" means the City, its employees and agents. <br />"Services" means those services to be provided by Siemens as described in the Scope of <br />Work and Services, Exhibit A, and as described in the Performance Guarantee & <br />Performance Assurance, Exhibit C. <br />"Site" shall have the same meaning as Facilities. <br />"Standard of Care" means that Siemens shall perform all Work in the manner of a <br />competent practitioner of the profession in which Siemens is engaged in the City of San <br />Leandro and State of California. <br />"Standard Specifications" means the Standard Specifications for Public Works, <br />Construction, 2006 edition and all supplement thereto, American Public Works Association, <br />WPCP Cogeneration 090808 -Page 2 of 60 <br />