University Operating and ECMs Maintenance Responsibilities Sample Clauses

University Operating and ECMs Maintenance Responsibilities. The University shall be responsible for providing the maintenance, service, repairs and adjustments to the ECMs as set forth in Schedule H. Except as set forth in Schedule H, the University shall not move, modify, remove, adjust, alter or change in any material way the ECMs, or any part thereof, during the term of this Agreement, without prior written direction or approval of the ESCO, except in the event of an occurrence reasonably deemed by the University or the ESCO to constitute a bona fide emergency. The University acknowledges that substantial deviations from the operating parameters set forth in the Schedules to the ESA may constitute a material change in accordance with Section 9.3 hereof. In addition to the responsibilities set forth in Schedule H, the University shall use its best efforts to maintain the Facility in good repair and to protect and preserve the ECMs in good repair and condition in accordance with applicable manufacturers' recommendations which shall be provided to the University by the ESCO and to maintain the operating conditions of all mechanical systems and energy related systems located at the Facility. The ESCO shall notify the University of any improper maintenance or repair as soon as ESCO has notice thereof. The University acknowledges that improper repairs or maintenance of the ECMs may constitute a material change in accordance with Section 9.3, and that the provisions of Section 9.5 may be applicable.
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