Approval of Customer’s System. Upon request, Customer shall provide mechanical plans and specifications for its chilled water system and equipment to Supplier for review prior to interconnection of Customer’s equipment to the District Chilled Water System. Additionally, Customer shall permit Supplier to inspect Customer’s system and equipment to determine whether Customer’s system and equipment are compatible with Supplier’s District Chilled Water System, including Supplier’s facilities on the Premises. Supplier shall not be required to commence Service: (i) if it determines unsuitability or incompatibility, unless Customer makes changes in its system or equipment Supplier deems reasonably necessary, (ii) prior to substantial completion of Customer’s mechanical room construction and installation responsibilities, as determined by Supplier, or (iii) until Customer has thoroughly cleaned and flushed its installation as determined and approved by Supplier. Supplier shall review Customer’s chilled water system and equipment to determine compatibility solely for Supplier’s benefit and Supplier shall have no liability whatsoever in connection therewith. Supplier’s review and approval of Customer’s system and equipment shall not relieve Customer of its obligation to accept Service under this Agreement. Once Supplier has determined the compatibility of Customer’s equipment, Supplier will make no subsequent changes to Customer’s Service except as permitted by this Agreement. Customer shall not modify its approved chilled water system and equipment without Supplier’s prior written consent, which Supplier shall not unreasonably withhold.
Approval of Customer’s System. At Veolia’s written request, Customer shall submit for Veolia’s review, prior to Veolia’s interconnection of its System and hot water plant with the Premises, mechanical plans and specifications of Customer’s system and equipment for utilization of Service on the property. Additionally, Customer shall afford Veolia access for inspection of such system and equipment. After its inspection and review, Veolia shall make a determination whether Customer’s system and equipment are compatible with Veolia’s System and hot water plant. Veolia shall not be required to commence supplying Service (i) if it makes a determination of unsuitability or incompatibility, unless and until Customer makes such changes in its system or equipment as Veolia deems necessary, and (ii) until Customer’s installation shall have been thoroughly cleaned and flushed in accordance with Customer’s plans and specifications, as determined and approved by Veolia. Any future modification of Customer’s approved equipment and system shall require the prior consent of Veolia, which shall not be unreasonably withheld or delayed. If Customer fails to obtain such consent and any modification materially adversely affects the operation of Veolia’s or its other customers’ equipment or facilities, Veolia may hold Customer liable for the consequences thereof and may discontinue Service to Customer until Customer has corrected the situation and eliminated the adverse effects. Veolia shall bear no responsibility for any deficiency in Service to Customer resulting from Customer’s system or equipment modification. Veolia, by approving and accepting Customer’s system and equipment, as provided above, shall in no manner be deemed to have assumed any obligation as to the design, operation or maintenance of Customer’s facilities, nor to have relieved Customer in any way from accepting Service from Veolia as provided in this Agreement.
