Common use of Events of Default by ESCO Clause in Contracts

Events of Default by ESCO. Each of the following events or conditions shall constitute an "Event of Default" by ESCO: (i) the standards of comfort and service set forth in Schedule I (Standards of Comfort) are not provided due to failure of ESCO to properly design, install, maintain, repair or adjust the Equipment except that such failure, if corrected or cured within thirty (30) days after written notice by Customer to ESCO demanding that such failure be cured, shall be deemed cured for purposed of this Contract; (ii) any representation or warranty furnished by ESCO in this Contract is false or misleading in any material respect when made; (iii) failure to furnish and install the Equipment and make it ready for use within the time specified by this Contract as set forth in Schedules A (Equipment to be Installed by ESCO) and G (Construction and Installation Schedule); (iv) provided that the operation of the facility is not adversely affected and provided that the standards of comfort in Schedule I (Standards of Comfort) are maintained, any failure by ESCO to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein except that such failure, if corrected or cured within thirty (30) days after written notice by the Customer to ESCO demanding that such failure to perform be cured, shall be deemed cured for purposes of this Contract; (v) any lien or encumbrance is placed upon the Equipment by any subcontractor, laborer, supplier or lender of ESCO; (vi) the filing of a bankruptcy petition whether by ESCO or its creditors against ESCO which proceeding shall not have been dismissed within ninety (90) days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of ESCO; (vii) Any change in ownership or control of ESCO without the prior approval of Agency, which shall not be unreasonably withheld; or (viii) failure by ESCO to pay any amount due Agency or perform any obligation under the terms of this Contract or the Energy Savings Guarantee as set forth in Schedule C (Energy Savings Guarantee).

Events of Default by ESCO. Each of the following events or conditions shall constitute an "Event of Default" by ESCO: (i) : Abandonment of the Work set forth in the Contract; Failure or refusal to supply a sufficient number of properly skilled workers and necessary equipment or either of them; The standards of comfort and service set forth in Schedule I L (Standards of Comfort) are not provided due to failure of ESCO to properly design, install, maintain, repair or adjust the Equipment Selected ECMs except that such failure, if corrected or cured within thirty (30) days after written notice by Customer School District to ESCO demanding that such failure be cured, shall be deemed cured for purposed of this Contract; (ii) any ; Any representation or warranty furnished by ESCO in this Contract is false or misleading in any material respect when made; (iii) failure ; Failure to furnish and install all of the Equipment Selected ECMs and make it them ready for use within the time specified by this Contract as set forth in Schedules Schedule A (Equipment Selected ECMs to be Installed by ESCO) and G Schedule D (Construction ESCO Compensation and Installation Payment Schedule); (iv) provided that the operation of the facility is not adversely affected and provided that the standards of comfort in Schedule I (Standards of Comfort) are maintained, any ; Any other material failure by ESCO to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein except herein, provided that such failurefailure continues for thirty (30) days after written notice to ESCO demanding that such failure to perform be cured, but, if corrected or cured within thirty (30) days after ESCO’s receipt of such written notice by the Customer to ESCO demanding that such material failure to perform be cured, shall be deemed cured for purposes the purpose of this Contract; (v) any . Any lien or encumbrance is placed upon the Equipment Selected ECMs by any subcontractorSubcontractor, laborer, supplier laborer or lender materialman of ESCO; (vi) the ; The filing of a bankruptcy petition whether by ESCO or its creditors against ESCO which proceeding shall not have been dismissed within ninety thirty (9030) days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of ESCO; (vii) ; Any change in majority ownership or control of the ESCO without the prior approval of Agencythe School District, which shall not be unreasonably withheld; or (viii) failure Failure by the ESCO to pay any amount due Agency the School District or perform any obligation under the terms of this Contract contract or the Energy Savings Guarantee as set forth in Schedule C (Energy Savings Guarantee); or Repossession or removal of the Selected ECMs by ESCO or a third party without good cause.

Events of Default by ESCO. Each of the following events or conditions shall constitute an "Event of Default" by ESCO: (ia) the [Reserved]; (b) The standards of comfort and service set forth in Schedule I L (Standards of Comfort) are not provided due to failure of ESCO to properly design, install, maintain, repair or adjust the Equipment Selected ECMs except that such failure, if corrected or cured within thirty sixty (3060) days after written notice by Customer PEA to ESCO demanding that such failure be cured, shall be deemed cured for purposed of this Contract; (iic) any Any representation or warranty furnished by ESCO in this Contract is false or misleading in any material respect when made; (iiid) failure Failure to furnish and install all of the Equipment Selected ECMs and make it them ready for use within the time specified by this Contract as set forth in Schedules Schedule A (Equipment Selected ECMs to be Installed by ESCO) and G Schedule J (Construction and Installation Implementation Schedule); (ive) provided that the operation of the facility is not adversely affected and provided that the standards of comfort in Schedule I (Standards of Comfort) are maintained, any Any other material failure by ESCO to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein except herein, provided that such failurefailure continues for thirty (30) days after written notice to ESCO demanding that such failure to perform be cured, but, if corrected or cured within thirty (30) days after XXXX’x receipt of such written notice by the Customer to ESCO demanding that such material failure to perform be cured, shall be deemed cured for purposes the purpose of this Contract; (vf) any Any lien or encumbrance is placed upon the Equipment Selected ECMs by any subcontractorSubcontractor, laborer, supplier laborer or lender materialman of ESCOESCO which is not released within 30 days of filing thereof; (vig) the The filing of a bankruptcy petition whether by ESCO or its creditors against ESCO which proceeding shall not have been dismissed within ninety thirty (9030) days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of ESCO; (viih) Any change in ownership or control of ESCO without Failure by the prior approval of Agency, which shall not be unreasonably withheld; or (viii) failure by ESCO to pay any amount due Agency or perform any obligation under the terms of this Contract PEA or the Energy Savings Guarantee as set forth in Schedule C City within sixty (Energy Savings Guarantee).60) days of the required payment date; (i) Repossession or removal of the Selected ECMs by ESCO or a third party without good cause

Events of Default by ESCO. Each of the following events or conditions shall constitute an "“Event of Default" ” by ESCO: (ia) Abandonment of the Work set forth in the Contract; (b) Failure or refusal to supply a sufficient number of properly skilled workers and necessary equipment or either of them; (c) The standards of comfort and service set forth in Schedule I L (Standards of Comfort) are not provided due to failure of ESCO to properly design, install, maintain, repair or adjust the Equipment Selected ECMs except that such failure, if corrected or cured within thirty (30) days after written notice by Customer School District to ESCO demanding that such failure be cured, shall be deemed cured for purposed of this Contract; (iid) any Any representation or warranty furnished by ESCO in this Contract is false or misleading in any material respect when made; (iiie) failure Failure to furnish and install all of the Equipment Selected ECMs and make it them ready for use within the time specified by this Contract as set forth in Schedules Schedule A (Equipment Selected ECMs to be Installed by ESCO) and G Schedule D (Construction ESCO Compensation and Installation Payment Schedule); (ivf) provided that the operation of the facility is not adversely affected and provided that the standards of comfort in Schedule I (Standards of Comfort) are maintained, any Any other material failure by ESCO to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein except herein, provided that such failurefailure continues for thirty (30) days after written notice to ESCO demanding that such failure to perform be cured, but, if corrected or cured within thirty (30) days after ESCO’s receipt of such written notice by the Customer to ESCO demanding that such material failure to perform be cured, shall be deemed cured for purposes the purpose of this Contract;. (vg) any Any lien or encumbrance is placed upon the Equipment Selected ECMs by any subcontractorSubcontractor, laborer, supplier laborer or lender materialman of ESCO; (vih) the The filing of a bankruptcy petition whether by ESCO or its creditors against ESCO which proceeding shall not have been dismissed within ninety thirty (9030) days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of ESCO; (viii) Any change in majority ownership or control of the ESCO without the prior approval of Agencythe School District, which shall not be unreasonably withheld; or; (viiij) failure Failure by the ESCO to pay any amount due Agency the School District or perform any obligation under the terms of this Contract contract or the Energy Savings Guarantee as set forth in Schedule C (Energy Savings Guarantee); or (k) Repossession or removal of the Selected ECMs by ESCO or a third party without good cause.

Events of Default by ESCO. Each of the following events or conditions shall constitute an "Event of Default" by ESCO: (i) the i. The standards of comfort and service set forth in Schedule I (Standards of Comfort) are not provided due to failure of ESCO to properly design, install, maintain, repair install or adjust the Equipment except that such failure, if corrected or cured within thirty (30) <number> days after written notice by Customer to ESCO demanding that such failure be cured, shall be deemed cured for purposed of this Contract; (ii) any . Any representation or warranty furnished by ESCO in this Contract is false or misleading in any material respect when made; (iii) failure . Failure to furnish and install the Equipment and make it ready for use within the time specified by this Contract as set forth in Schedules A (Equipment to be Installed by ESCO) and G (Construction and Installation Schedule); (iv) provided . Provided that the operation of the facility is not adversely affected and provided that the standards of comfort in Schedule I (Standards of Comfort) are maintained, any failure by ESCO to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein except that such failure, if corrected or cured within thirty (30) <number> days after written notice by the Customer to ESCO demanding that such failure to perform be cured, shall be deemed cured for purposes of this Contract; (v) any v. Any lien or encumbrance is placed upon the Equipment equipment by any subcontractor, laborer, labourer or supplier or lender of ESCO; (vi) the . The filing of a bankruptcy petition whether by ESCO or its creditors against ESCO which proceeding shall not have been dismissed within ninety (90) <number> days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of ESCO; (vii) . Any change in ownership or control of the ESCO without the prior approval of Agencythe Customer, which shall not be unreasonably withheld; or; (viii) failure . Failure by the ESCO to pay any amount due Agency the Customer or perform any obligation under the terms of this Contract or the Energy Savings Guarantee as set forth in Schedule C (Energy Savings Guarantee).

Events of Default by ESCO. Each of the following events or conditions shall constitute an "Event of Default" by ESCO: (i) the standards of comfort and service set forth in Schedule I (Standards of Comfort) are not provided due to failure of ESCO to properly design, install, maintain, repair or adjust the Equipment except that such failure, if corrected or cured within thirty (30) days after written notice by Customer to ESCO demanding that such failure be cured, shall be deemed cured for purposed of this Contract;. (ii) any representation or warranty furnished by ESCO in this Contract is false or misleading in any material respect when made; (iii) failure to furnish and install the Equipment and make it ready for use within the time specified by this Contract as set forth in Schedules A (Equipment to be Installed by ESCO) and G (Construction and Installation Schedule); (iv) provided that the operation of the facility is not adversely affected and provided that the standards of comfort in Schedule I (Standards of Comfort) are maintained, any failure by ESCO to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein except that such failure, if corrected or cured within thirty (30) days after written notice by the Customer to ESCO demanding that such failure to perform be cured, shall be deemed cured for purposes of this Contract; (v) any lien or encumbrance is placed upon the Equipment equipment by any subcontractor, laborer, supplier laborer or lender material man of ESCO; (vi) the filing of a bankruptcy petition whether by ESCO or its creditors against ESCO which proceeding shall not have been dismissed within ninety (90) thirty days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of ESCO; (vii) Any change in ownership or control of the ESCO without the prior approval of Agencythe Customer, which shall not be unreasonably withheld; or; (viii) failure by the ESCO to pay any amount due Agency the Customer or perform any obligation under the terms of this Contract or the Energy Savings Guarantee as set forth in Schedule C (Energy Savings Guarantee).

Events of Default by ESCO. Each of the following events or conditions shall constitute an "Event of Default" by ESCO: (i) : the standards of comfort and service set forth in Schedule I U (Standards of Comfort) are not provided due to failure of ESCO to properly design, install, maintain, repair or adjust the Equipment except that such failure, if corrected or cured within thirty (30) __ days after written notice by Customer Institution to ESCO demanding that such failure be cured, shall be deemed cured for purposed of this Contract; (ii) . any representation or warranty furnished by ESCO in this Contract is false or misleading in any material respect when made; (iii) ; failure to furnish and install the Equipment and make it ready for use within the time specified by this Contract as set forth in Schedules A Schedule R (Equipment to be Installed by ESCO) and G Schedule S (Construction and Installation Schedule); (iv) ; provided that the operation of the facility is not adversely affected and provided that the standards of comfort in Schedule I U (Standards of Comfort) are maintained, any failure by ESCO to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein except that such failure, if corrected or cured within thirty (30) __ days after written notice by the Customer Institution to ESCO demanding that such failure to perform be cured, shall be deemed cured for purposes of this Contract; (v) ; any lien or encumbrance is placed upon the Equipment equipment by any subcontractor, laborer, supplier laborer or lender materialman of ESCO; (vi) ; the filing of a bankruptcy petition whether by ESCO or its creditors against ESCO which proceeding shall not have been dismissed within ninety (90) within_____ days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of ESCO; (vii) Any change in ownership or control of ESCO without the prior approval of Agency, which shall not be unreasonably withheld; or (viii) . failure by the ESCO to pay any amount due Agency the Institution or perform any obligation under the terms of this Contract or the Energy and Cost Savings Guarantee as set forth in Schedule C A (Energy Savings Guarantee).

Events of Default by ESCO. Each of the following events or conditions shall constitute an "Event of Default" by ESCO: (i) the standards of comfort and service set forth in Schedule I (Standards of Comfort) are not provided due to failure of ESCO to properly design, install, maintain, repair or adjust the Equipment except that such failure, if corrected or cured within thirty seven (307) days after written notice by Customer to ESCO demanding that such failure be cured, shall be deemed cured for purposed purposes of this Contract;. (ii) any representation or warranty furnished by ESCO in this Contract is false or misleading in any material respect when made; (iii) failure to furnish and install the Equipment and make it ready for use within the time specified by this Contract as set forth in Schedules Schedule A (Equipment to be Installed by ESCO) and Schedule G (Construction and Installation Schedule); (iv) provided that the operation of the facility is not adversely affected and provided that the standards of comfort in Schedule I (Standards of Comfort) are maintained, any failure by ESCO to perform or comply with the terms and conditions of this ContractAgreement, including breach of any covenant contained herein except that such failure, if corrected or cured within thirty (30) days after written notice by the Customer to ESCO demanding that such failure to perform be cured, shall be deemed cured for purposes of this ContractAgreement; (v) any lien or encumbrance is placed upon the Equipment equipment by any subcontractor, laborer, supplier labourer or lender material man of ESCOESCO which is not released in thirty days; (vi) the filing of a bankruptcy petition whether by ESCO or its creditors against ESCO which proceeding shall not have been dismissed within ninety (90) 90 days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of ESCO;. (vii) Any change in ownership or control of ESCO without the prior approval of Agency, which shall not be unreasonably withheld; or (viii) failure by the ESCO to pay any amount due Agency due, or perform any obligation under the terms of this Contract or the Energy Savings Guarantee as set forth in Schedule C (Energy Savings Guarantee)Agreement.