ECM Malfunction. In the event of a malfunction or improper or defective function of a Selected ECM, or other defect in parts, workmanship and performance, the ESCO agrees to (a) pursue rights and remedies against manufacturer of the Selected ECM under the manufacturers’ warranties; (b) notify the School District whenever defects in Selected ECM performance occur which give rise to such rights and remedies and those rights and remedies are exercised by ESCO; and (c) compensate the School District for related expenses, damages to real or personal property, or liabilities assumed resulting from Selected ECM malfunction to the extent caused by nonperformance or error by the ESCO or its subcontractors.
Appears in 2 contracts
Sources: Guaranteed Energy Savings Agreement, Guaranteed Energy Savings Agreement