Construction Defects. The O&M Services shall not include any operation, monitoring, inspection, preventative or corrective maintenance, testing, or protection system operations assessment relating to construction defects of the Facility, as reasonably determined by Con Edison, except Con Edison will take any immediate action necessary to protect persons and property from harm. The Power Authority shall be solely responsible to promptly correct any such construction defects at its sole cost and expense.
Appears in 3 contracts
Sources: Agreement for the Operation and Maintenance of Facilities, Operation and Maintenance Agreement, Operation and Maintenance Agreement