UTILITY MONITORING AGREEMENT
Between
AMERICAN UTILITY BILL AUDITORS, INC. 
PO Box 970145 
Boca Raton, Florida 33497-0145 
(561) 852-1872 X 301(Admin) / FAX (561) 477-3100 
E-Mail: auba@auba.net 

And 

CLIENT:_________________________________________________
Address:__________________________________________________
City:_____________________________State__________Zip________
Phone:___________________________Fax______________________
Contact & E Mail Address____________________________________



I. The undersigned or any affiliates, hereinafter called CLIENT, have entered an agreement in writing this date with AMERICAN UTILITY BILL AUDITORS, INC., hereinafter called AUBA, to serve as their utility auditing professionals for the undersigned, concerning the following UTILITY bills:

1. Telephone 2. Electric 3. Water & Sewer 4. Gas 5. Hazardous or non-hazardous Waste 6. Other: _____________________
AUBA makes no guarantee as to the amount of recovery and/or savings if any at all exists.

II. AUDIT PROCESS
AUBA agrees to examine CLIENT's utility accounts. AUBA will coordinate with the utilities and determine all proprietary methods, if monthly services are being OVERCHARGED, and if inefficient services or tariff violations may now exist, or have existed on previous billings. AUBA will request and prepare in its discovery, all documentation deemed appropriate to negotiate (if necessary) with the proper UTILITY COMPANY (S), TELEPHONE COMMUNICATION COMPANY (S) or Regulatory Authorities to have OVERCHARGES removed and to obtain REFUNDS and/or CREDITS for PAST OVERCHARGES. In addition, after we submit our reviewed findings to CLIENT in our audit update report, by specific issues, all information reported can be used to assist CLIENT in reducing it's future billing.

III. RECOVERED OVERCHARGES
CLIENT agrees to pay AUBA (50%) of ALL RECOVERED OVERCHARGES in the form of REFUND (S) or CREDIT (S), billed upon Clients receipt of refund check or of Utility's invoice reflecting the credit(s). Where there is NO refund or credit and there is NO reduction in the monthly utility charges, there is NO FEE!

IV. FUTURE BILLING REDUCTION (Savings)
In the event AUBA is successful in obtaining a REDUCTION in CLIENTS BILLINGS, whether by correction of billing error(s), rate(s), tariff changes, meter changes, inefficient mechanical and electrical systems, or any combination thereof, that shall manifest in FUTURE SAVINGS, CLIENT agrees to pay AUBA 50 percent of the ACCUMULATIVE SAVINGS FOR THIRTY-SIX (36) months period beginning the date the savings FIRST appears on CLIENT bill. Client may prepay the entire estimated savings at once or may pay quarterly during the contract term after the actual savings are realized.

The CLIENT is under NO obligation to carry out any recommendations. In the event the recommended changes are carried out by the CLIENT, or AUBA with the CLIENTS prior approval, AUBA is entitled to compensation, at the rate of 50 percent of the monthly reduction(s) over the same period as above, beginning with the first month the reduction becomes effective and realized. If CLIENT declines to carry out proposed cost savings recommendations by AUBA, then CLIENT must do so in writing. If, within 2 years of the date of the written notice presented to AUBA, the CLIENT performs the recommended changes or a portion thereof, then the CLIENT is subject to the AUBA compensation arrangement described above.

V. PROCESSING FEE, (IF ANY)
In conjunction with this agreement, AUBA may require a ONE TIME PROCESSING FEE of ($ -0-) ZERO in certain cases of complex reviews.-WHEN APPLICABLE & AGREED UPON

VI.TERM
This agreement shall remain in effect through the completion of the following:
(A) Client agrees to respond with initial issue and follow-up issues, if any, to AUBA within (20) working days from date of audit reports.
(B) All documented and presented audit issues to CLIENT provided by AUBA have been resolved
(C) Recovery of funds or credits from the utilities have been received by the CLIENT and settled with AUBA in accordance to the above agreement.
(D) AUBA has notified CLIENT in writing that NO recoveries or credits will be made or forth coming.
(E) Access to CLIENT's utility records for at least 2 years after the completion of the above, for review of post audit tariff activity & potential savings.
(F) During the term of this agreement, should any in house review or any other business or entity conduct a similar analysis or audit, we are still entitled to the same percentage of refunds and savings as stated above from such an analysis.**
** Items, if any, not to be included as part of the audit
_____________________________________[Please initial if no items are to be excluded from the audit.]
(G) CLIENT acknowledges by initially the above section VI (F), NO negotiations are currently underway between CLIENT and any of its utility suppliers.

VII. INFORMATION: 
Client shall give it's full reasonable cooperation to AUBA in completing any forms and providing information, and copies of appropriate documented backup, in a timely manner. During the term of our utility monitoring agreement, and for a period of two (2) years thereafter, each party shall retain confidentiality and require it's directors, officers, employees, consultants, representatives, employer's, principals and agents to retain in confidence any and all proprietary information of the other. "Proprietary information" shall mean any information obtained from either party in the course of performance of the Utility Monitoring Agreement. The parties agree that each party's proprietary information constitutes trade secrets and that the disclosure thereof in contravention of this agreement would constitute an unfair trade practice and material breach of this Agreement. 

Client hereby represents and warrants that they have full written authority to act for and bind their Principals (Who is the actual property owner) to this Agreement and further, that (i) there are no contractual or legal restrictions to their executing this Agreement on their Principals behalf, and (ii) no consents or their executing this Agreement on their principals behalf. The foregoing representation and warranty is a material inducement for AUBA to enter into this agreement and undertake the work required hereunder.

VIII. This agreement shall be governed by and construed by the laws of the State of Florida, with exclusive venue being Palm Beach County, Florida. Client agrees to pay AUBA reasonable attorneys' fees in the event that amounts due under this agreement are collected by or through attorneys. All payments are due within 30 days from the date billed. All payments thereafter are subject to a late charge in the amount of 1.5% interest per month, for each month that the invoice is past due.

The above represents the ENTIRE agreement and understanding between the parties and NO prior representation oral or written are incorporated in this agreement
Agreed to and Accepted this_________ day of____________, 20 __.

AMERICAN UTILITY BILL AUDITORS, INC. CLIENT: Organization 
AUBA : President _______________________________ BY: CLIENT Contact name, Title ______________ X -Authorized to SIGN for Client 

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