Actions by QESP. QESP shall provide all service, repairs, and adjustments to the Equipment installed under terms of this SOW pursuant to Schedule BB (QESP's Maintenance Responsibilities). Department shall have no responsibility for any costs or expenses for Equipment service, repairs, and adjustments, except as set forth in Schedule J (Compensation to QESP for Annual Services), provided, however, that when the need for maintenance or repairs principally arises due to damage caused by the Department or any employee or other agent of Department, and QESP can demonstrate a causal connection between the damage and the Department actions, QESP may charge Department for the actual cost of the maintenance or repair insofar as such cost is not covered by any warranty or insurance proceeds.
Appears in 9 contracts
Samples: Financing Agreement and Payment, Financing Agreement and Payment, Financing Agreement and Payment
