Common use of ECMs Upgrades; Alterations Clause in Contracts

ECMs Upgrades; Alterations. The ESCO shall have the right, at all times during the term of this Agreement, subject to the University’s written approval, to modify or replace any of the ECMs or install additional ECMs and to revise any procedures for the operation of the ECMs or implement other procedures at the Facility provided that: 8.7.1 Such actions by the ESCO do not result in modifying the standards of comfort and service set forth in Schedule I without the express written approval of the University; 8.7.2 Such modifications or additions to, or replacements of the ECMs, and any operational changes, or new procedures are necessary to enable the ESCO to achieve the energy savings guaranteed by the ESCO at the Facility; and 8.7.3 Any costs incurred relative to such modifications, additions or replacements of the ECMs, or operational changes or new procedures shall be the responsibility of the ESCO. All modifications, additions or replacements of the ECMs or revisions to operating or other procedures shall be described in a supplemental Schedule(s) to be provided to the University for approval, which shall not be unreasonably withheld, and incorporated into this Agreement provided that any replacement ECM shall be new and have equal or better potential to reduce energy consumption at the Facility than the ECM being replaced. The ESCO shall update any and all software to be used in connection with the ECMs in accordance with the provisions of Schedule G. All replacements of and alterations or additions to the ECMs shall become part of the ECMs described in Schedule A and shall become the property of the University. The ESCO and the University shall determine in accordance with the provisions of Section 9.5, what, if any, adjustments to the Baseline set forth in Schedule E are necessary due to upgrades or alterations of the ECMs which are necessary to enable the ESCO to achieve the level of energy savings guaranteed by the ESCO.

ECMs Upgrades; Alterations. The ESCO COMPANY shall have the right, at all times during the term of this Agreement, subject to the University’s INSTITUTION's written approval, to modify or replace any of the ECMs or install additional ECMs and to revise any procedures for the operation of the ECMs or implement other procedures at the Facility Premises provided that: 8.7.1 Such : (i) such actions by the ESCO COMPANY do not result in modifying the standards of comfort and service set forth in Schedule I without the express written approval of the University; 8.7.2 Such INSTITUTION; (ii) such modifications or additions to, or replacements of the ECMs, and any operational changes, or new procedures are necessary to enable the ESCO COMPANY to achieve the energy savings guaranteed by the ESCO COMPANY at the FacilityPremises; and 8.7.3 Any and (iii) any costs incurred relative to such modifications, additions or replacements of the ECMs, or operational changes or new procedures shall be the responsibility of the ESCOCOMPANY. All modifications, additions or replacements of the ECMs or revisions to operating or other procedures shall be described in a supplemental Schedule(s) to be provided to the University INSTITUTION for approval, which shall not be unreasonably withheld, and incorporated into this Agreement provided that any replacement ECM shall be new and have equal or better potential to reduce energy consumption at the Facility Premises than the ECM being replaced. The ESCO COMPANY shall update any and all software to be used in connection with the ECMs in accordance with the provisions of Schedule G. All replacements of and alterations or additions to the ECMs shall become part of the ECMs described in Schedule A and shall become the property of the UniversityINSTITUTION. The ESCO COMPANY and the University INSTITUTION shall determine in accordance with the provisions of Section paragraph 9.5, what, if any, adjustments to the Baseline Baseline/Benchmarks set forth in Schedule E are necessary due to upgrades or alterations of the ECMs which are necessary to enable the ESCO COMPANY to achieve the level of energy savings guaranteed by the ESCOCOMPANY.