ECM Malfunction Clause Samples

The ECM Malfunction clause defines the procedures and responsibilities in the event of a malfunction of the Engine Control Module (ECM) in equipment or vehicles covered by the agreement. Typically, this clause outlines the steps for diagnosing, reporting, and repairing ECM issues, and may specify which party is responsible for costs or downtime associated with such malfunctions. By clearly allocating responsibility and setting expectations for handling ECM failures, the clause helps minimize disputes and ensures prompt resolution of technical problems that could impact operations.
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. 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.
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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 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.
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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.
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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.

  • Sprinkler System TWENTY-SIXTH.--If there now is or shall be installed in said building a "sprinkler system" the Tenant agrees to keep the appliances thereto in the demised premises in repair and good working condition, and if the New York Board of Fire Underwriters or the New York Fire Insurance Exchange or any bureau, department of official of the State or local government requires or recommends that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of the Tenant's business, or the location of partitions, trade fixtures, or other contents of the demised premises, or if such changes, modifications, alterations, additional sprinkler heads or other equipment in the demised premises are necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said Exchange, or by any Fire Insurance Company, the Tenant will at the Tenant's own expense, promptly made and supply such changes, modifications, alterations, additional sprinkler heads or other equipment. As additional rent hereunder the Tenant will pay to the Landlord, annually in advance, throughout the term $ toward the contract price for sprinkler supervisory service.

  • 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.

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