Common use of Operations Phase Clause in Contracts

Operations Phase. Upon receipt of the Construction Completion Certificate (partial or full) pursuant to clause 18, the ESCO shall service and maintain the Equipment in accordance provisions set out in the Schedule 10 (ESCO's Maintenance Obligations). The consideration payable to the ESCO for such work shall be included in the Shared Savings Payments and/or Charges. For the avoidance of doubt, partial Construction Completion Certificates shall only be applicable in relation to Premises where all the Works have been completed, as opposed to parts of Premises or ECMs across several Premises being completed. ESCO shall have no liability to the Customer for any interruption to the energy supply to the Premises where such interruption of supply is due to any event outside of ESCO's control. ESCO shall carry out or procure the carrying out of the measurement and verification works set out in Schedule 14 (ESCO’s Proposal) and Schedule 7 (Energy Saving Measurement and Verification Plan) in accordance with the terms of the Contract. The consideration payable to the ESCO for such work shall be included in the Shared Savings Payments and/or Charges. In the event that the Customer becomes aware of any defect in the performance of the ESCO's Work, the Customer shall notify the ESCO in writing of such defective performance. Upon receiving such notice, the ESCO shall rectify such defective Work as soon as is reasonably possible, and in any event within three (3) Business Days or such time as specified in Schedule 10 (ESCO's Maintenance Obligations), and shall notify the Customer in writing of the remedial action it has undertaken. If the ESCO fails to complete rectification works within three (3) Business Days of receiving written notice from the Customer, the Customer may itself, or engage another third party to, perform such rectification work at the ESCO's expense, which shall be a debt due and payable by the ESCO upon written demand from the Customer. The ESCO shall be fully responsible for replacing and installing any Equipment at its own cost for the duration of the Contract in accordance with clause 3. If any dispute arises between the Parties in respect of the issue of the replacement of Equipment according to clause 10.21, the matter shall be referred for resolution in accordance with clause 33. The ESCO represents and warrants to the Customer that all items of Equipment not meeting the required performance levels as specified in Schedule 8 (Standards & Specifications) shall be replaced with new Equipment without any additional cost to the Customer.

Operations Phase. Upon receipt of the Construction Completion Certificate (partial or full) pursuant to clause 18, the ESCO shall service and maintain the Equipment in accordance provisions set out in the Schedule 10 (ESCO's Maintenance Obligations). The consideration payable to the ESCO for such work shall be included in the Shared Savings Payments and/or Chargesin Schedule 4 (Contract Price and Payment Schedule). For the avoidance of doubt, partial Construction Completion Certificates shall only be applicable in relation to Premises where all the Works have been completed, as opposed to parts of Premises or ECMs across several Premises being completed. ESCO shall have no liability to the Customer for any interruption to the energy supply to the Premises where such interruption of supply is due to any event outside of ESCO's control. ESCO shall carry out or procure the carrying out of the measurement and verification works set out in Schedule 14 (ESCO’s Proposal) and Schedule 7 (Energy Saving Measurement and Verification Plan) in accordance with the terms of the Contract. The consideration payable to the ESCO for such work shall be included in the Shared in Schedule 4 (Contract Price and Payment Schedule). ESCO shall comply with its Energy Savings Payments and/or Chargesobligations specified in clause 22 of this Contract. In the event that the Customer becomes aware of any defect in the performance of the ESCO's Work, the Customer shall notify the ESCO in writing of such defective performance. Upon receiving such notice, the ESCO shall rectify such defective Work as soon as is reasonably possible, and in any event within three (3) Business Days or such time as specified in Schedule 10 (ESCO's Maintenance Obligations), and shall notify the Customer in writing of the remedial action it has undertaken. If the ESCO fails to complete rectification works within three (3) Business Days of receiving written notice from the Customer, the Customer may itself, or engage another third party to, perform such rectification work at the ESCO's expense, which shall be a debt due and payable by the ESCO upon written demand from the Customer. The ESCO shall be fully responsible for replacing and installing any Equipment at its own cost for the duration of the Contract in accordance with clause 3. If any dispute arises between the Parties in respect of the issue of the replacement of Equipment according to clause 10.2110.24, the matter shall be referred for resolution in accordance with clause 33. The ESCO represents and warrants to the Customer that all items of Equipment not meeting the required performance levels as specified in Schedule 8 (Standards & Specifications) shall be replaced with new Equipment without any additional cost to the Customer.