ESCO Termination Clause Samples

ESCO Termination. Subject to the Customer's right to withhold payments pursuant to Section 10.2, if the Customer fails to make payments to the ESCO as set forth in Article 10 and Schedule E: Payment Schedule, the ESCO may, upon thirty (30) days' prior written notice to the Customer, terminate the Contract and recover from the Customer payment for all Contract Services executed and for proven loss with respect to materials, equipment, tools, and machinery, including reasonable overhead, profit and damages applicable to the Project for the Contract Services performed through the date thereof.