ECM Malfunction. In the event of a malfunction or improper or defective function of a Selected ECM, or other defect in parts, workmanship and performance, the ESCO agrees to (a) pursue rights and remedies against manufacturer of the Selected ECM under the manufacturers’ warranties; (b) notify the School District whenever defects in Selected ECM performance occur which give rise to such rights and remedies and those rights and remedies are exercised by ESCO; and (c) compensate the School District for related expenses, damages to real or personal property, or liabilities assumed resulting from Selected ECM malfunction to the extent caused by nonperformance or error by the ESCO or its subcontractors.
ECM Malfunction. Prior to the expiration of the warranty period set forth in Section 5.10 and subject to the limitation of liability set forth in Section 6.1, the ESCO agrees to compensate the Customer for business expenses, damages to real or personal property, lost profits, or lost revenues resulting from tenant claims that are directly attributable to ECM malfunction to the extent caused by nonperformance or error by the ESCO or its Subcontractors and to the extent such ECM malfunction renders the tenant space uninhabitable or leads to a claim for rent abatement based on habitability. The Customer shall use reasonable efforts to provide written notification to the ESCO within seventy-two (72) hours of receiving notification of a tenant claim pursuant to this Section.
ECM Malfunction. Prior to the expiration of the warranty period set forth in Section 5.10 and subject to the limitation of liability set forth in Section 6.1, the ESCO agrees to compensate the Customer for business expenses, damages to real or personal property, lost profits, or lost revenues resulting from ECM malfunction to the extent caused by nonperformance or error by the ESCO or its Subcontractors.
ECM Malfunction. During the term of this Agreement, Owner shall use its best efforts to notify ESP or its designee within three (3) business days after Owner receives actual knowledge of the occurrence of a material malfunction in the operation of the ECMs or any pre-existing energy-related equipment, but only if Owner reasonably believes that such malfunction may lead to a Material Change. Such a material malfunction in the operation of an ECM shall not be deemed a Material Change unless such malfunction is caused by Owner’s failure to maintain such ECM in accordance with this Agreement, in which case Section 12.4(h) may apply solely to the extent such malfunction is caused by Owner. Except to the extent Section 12.4(h) applies, Owner shall have no obligation to modify the Baseline to account for any material malfunction in the operation of an ECM.
ECM Malfunction. In the event of a malfunction or improper or defective function of a Selected ECM, or other defect in parts, workmanship and performance, during the Warranty Period, the ESCO agrees to (a) pursue rights and remedies against manufacturer of the Selected ECM under the manufacturers’ warranties; (b) notify the PEA whenever defects in Selected ECM performance occur which give rise to such rights and remedies and those rights and remedies are exercised by ESCO; and (c) compensate the PEA or the City for related expenses, damages to real or personal property, or liabilities assumed resulting from Selected ECM malfunction to the extent caused by nonperformance or error by the ESCO or its subcontractors.
