ECM Malfunction Sample Clauses

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.
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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.
Sample 1
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.
Sample 1
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.
Sample 1
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.
Sample 1

Related to ECM Malfunction

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.

  • Electrical Provide drawings for the following systems: .1 Lighting including circuiting and luminaire identification and switching. Also provide illuminance computer printout for all indoor typical indoor spaces and parking lots. .2 Convenience outlets and circuiting, special outlets and circuiting, television outlets, and power systems and equipment. Provide riser diagrams for all electrical systems including master clock, intercom, fire alarm, ITV, computer networking/telephone. Also, provide for emergency and normal power distribution. Provide luminaire schedule. .3 Panel schedule may be in preliminary form but circuitry must be included. .4 Applicable installation details. .5 General legend and list of abbreviations. .6 Voltage drop computation for all main feeders. .7 Short circuit analysis .8 Provide 1/2" scale floor plan and wall elevations for all electrical rooms.

  • Outages 9.7.1.1 Outage Authority and Coordination. Interconnection Customer and Transmission Owner may each in accordance with Good Utility Practice in coordination with the other Party and Transmission Provider remove from service any of its respective Interconnection Facilities, System Protection Facilities, Network Upgrades, System Protection Facilities or Distribution Upgrades that may impact the other Party’s facilities as necessary to perform maintenance or testing or to install or replace equipment. Absent an Emergency Condition, the Party scheduling a removal of such facility(ies) from service will use Reasonable Efforts to notify one another and schedule such removal on a date and time mutually acceptable to the Parties. In all circumstances, any Party planning to remove such facility(ies) from service shall use Reasonable Efforts to minimize the effect on the other Parties of such removal.

  • Mail Service Interruption If by reason of any interruption of mail service, actual or threatened, any notice to be given to the Trustee would reasonably be unlikely to reach its destination by the time notice by mail is deemed to have been given pursuant to Section 13.3, such notice shall be valid and effective only if delivered at the appropriate address in accordance with Section 13.3.

  • Shortages Claims for shortages in the amount of Products shipped by Patheon will be dealt with by reasonable agreement of the parties.

  • Monitoring System In each case in which the Custodian has exercised delegated authority to place Assets with a Foreign Custodian, the Custodian shall establish a system, to re-assess or re-evaluate selected Foreign Custodians, at least annually in accordance with Rule 17f-5(c)(3).

  • Accidents If a death, serious personal injury or substantial property damage occurs in connection with CONTRACTOR’s performance of this Agreement, CONTRACTOR shall immediately notify Mendocino County Risk Manager's Office by telephone. CONTRACTOR shall promptly submit to COUNTY a written report, in such form as may be required by COUNTY of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of CONTRACTOR's sub-contractor, if any; (3) name and address of CONTRACTOR's liability insurance carrier; and (4) a detailed description of the accident and whether any of COUNTY's equipment, tools, material, or staff were involved.

  • Interruptions There shall be no abatement of rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor's reasonable control or in cooperation with governmental request or directions.

  • Sabotage Sabotage is of concern to all Parties involved on any work site and may affect safety, and therefore both the physical and mental well being of all persons on site. The Parties to this Agreement will not tolerate sabotage, and will ensure that any person/s responsible for such action is immediately dismissed. It is accepted that the relevant authorities may have to be notified, and provisions of the OH&S Act implemented.

  • Interruption of Use Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.

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