ECM Continuing Services Payments definition
Examples of ECM Continuing Services Payments in a sentence
Any Work that may be required or implied by, or inferred from, the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by ESP for the sum of ECM Installation Payments and ECM Continuing Services Payments.
In the event that Owner makes an election under Section 4.4 (Owner’s Right to Self-Perform), Owner’s payment obligations for ECM Continuing Services Payments shall be adjusted as set forth in Section 4.4. Payments to ESP hereunder may be made directly by Owner or by the Escrow Agent in accordance with the Escrow Agreement, dated the date hereof, among Owner, ESP, and the Escrow Agent.
If, at any time during the Contract Time for Verified Savings, Owner terminates this Agreement under Section 10.2.2, ESP shall be paid, on a pro rata basis, the ECM Continuing Services Payments for such fiscal year up to and including the date such termination becomes effective.
Upon the effective date of the election provided by this Section, Owner’s obligations to pay ECM Continuing Services Payments associated with such services shall cease.
The total sum to be paid ESP under this Section shall not exceed the total ECM Continuing Services Payments for such fiscal year, and shall in no event include duplication of payment, or anticipated profit or consequential damages of any kind or nature.
This Agreement, the ECM Installation Payments and ECM Continuing Services Payments, and the Project Installation Schedule may be changed only by Change Order or by Contract Amendment as provided in this Article 9.
The execution of a Change Order or Contract Amendment by ESP shall constitute conclusive evidence of ESP’s agreement to the changes in the Work, this Agreement as thus amended, the ECM Installation Payments or ECM Continuing Services Payments, and the Project Installation Schedule, as applicable.
All costs associated with the performance of this Section 4.1, including but not limited to all services, labor, equipment, materials, and parts, shall be deemed compensated by the ECM Continuing Services Payments pursuant to Schedule C-2 (ECM Continuing Services Payments).
In determining the amount of ECM Continuing Services Payments associated with such discontinued services, Owner may rely on any documentation provided by ESP, including but not limited to Schedule C-2 (ECM Continuing Services Payments) and documents provided in connection with the Audit, in determining the ECM Continuing Services Payments associated with the discontinued services.
Payments to ESP shall be made in conformity with and subject to the provisions of this Article 7 and Schedules C-1 (ECM Installation Payments) and C-2 (ECM Continuing Services Payments).