Construction Defects. The O&M Services shall not include any operation, monitoring, inspection, preventative or corrective maintenance, testing, or protection system operations assessment relating to construction defects of the Facility, as reasonably determined by Con Edison, except Con Edison will take any immediate action necessary to protect persons and property from harm. The Power Authority shall be solely responsible to promptly correct any such construction defects at its sole cost and expense.
Appears in 3 contracts
Samples: Composite Agreement, Amended and Composite Agreement, Restated Agreement
Construction Defects. The O&M Services shall not include any operation, monitoring, inspection, preventative or corrective maintenance, testing, or protection system operations assessment relating to construction defects of the Facility, as reasonably determined by Con EdisonXxxxxx, except Con Edison Xxxxxx will take any immediate action necessary to protect persons and property from harm. The Power Authority shall be solely responsible to promptly correct any such construction defects at its sole cost and expense.
Appears in 1 contract
Samples: Amended and Composite Agreement