ESCO Maintenance and Monitoring Responsibilities for ECMs Sample Clauses

ESCO Maintenance and Monitoring Responsibilities for ECMs. The ESCO shall be responsible for providing the maintenance, monitoring, repairs, and adjustments to the ECMs as set forth in Schedule G. All replacements of and alterations or additions to the ECMs shall become part of the ECMs and shall become the property of the University. Any replacements of and alterations or additions made by the ESCO to the University’s pre-existing equipment, or equipment acquired by the University during the term of this Agreement, shall become part of said equipment and be owned by the University. The ESCO shall be compensated for such maintenance and monitoring services pursuant to Schedule C hereof. In the event of the ESCO’s failure to provide maintenance, service, repairs and adjustments to the ECMs, as provided in Schedule G or if an Event of Default exists pursuant to Article 11, the University may withhold fees due to the ESCO for such services until such repairs or adjustments are completed or such Event of Default is cured. The University shall notify the ESCO in writing when any payments are so withheld. The withholding of fees by the University under this Section 8.4 shall not release the ESCO from its obligation to provide the Energy Savings Guarantee pursuant to Section 3.3 and Schedule B hereof.
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