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MOU.doc E. USGBC Materials. Both parties to this agreement agree that USGBC-developed tools and publications are a valuable tool in educating the public about the benefits of green building and the LEEDTMR'M Pilot Program. All materials produced, including case studies of the pilot projects, shall become the property of USGBC. The Partner shall have the right to distribute any materials pertaining to its own pilot project. F. Non Guarantee of Rating Achievement - The USGBC agrees to assist Pilot Partners and make sure their Projects score as accurately as possible, and will facilitate credit equivalence appeals for performance improvements in the spirit of the LEED'M Green Building Rating System'~"'. These efforts are in no way a guarantee of any Pilot Project receiving a rating or certification from the USGBC should it not meet the requirements of LEEDT"'. V. Definitions Communications Protocol. A procedure that the Partner, Program Manager and LEEDTM Cominittee will follow to consider inquiries, make rulings and recommendations, issue results, and otherwise communicate important and time sensitive information. Evaluation Protocol. The primary assessment tool or instcvment for gathering information about the Pilot Partner's experience in applying LEEDTM to the Pilot Project LEED Green Building Rating SystemTM. The construction indushy developed the LEED Green Building Rating SystemTM to provide a common framework that defines and measures the performance of green buildings. The rating system evaluates environmental performance from a "whole building" perspective over a building's life cycle, through established criteria, scoring levels, and compliance requirements. LEEDTM Committee. The LEEDTM Committee is a group of volunteer USGBC members who provide technical guidance on the development of the LEEDTM Green Building Rating System. The Committee meets bi-monthly via a teleconference call. Agenda items aze scheduled a minimum of two weeks in advance, through the Committee co-chairs. Measures. Product substitutions, system upgrades, or advanced technologies incorporated into a project as part of the approach to achieve a medal rating in the LEED Green Building Rating SystemTM. Medal Rating. Achieving a criteria score sufficient to rate bronze or higher according to the criteria contained in LEEDTM version 1.0. Pilot Partner. A commercial building owner or developer that nominates a new construction or renovation project for participation in the Pilot Program. There are two types of Partners in the Program: 7