Malfunctions and Emergencies Clause Samples

Malfunctions and Emergencies. Department shall use its best efforts to notify the QESP or its designated sub-contractors within 24 hours after the Department’s actual knowledge and occurrence of: (i) any malfunction, alteration or modification in the operation of the Equipment or any preexisting energy related equipment that has a material impact upon the Energy Cost Savings Guarantee or (ii) any interruption or alteration to the energy supply to the Project Site(s). Where Department exercises due diligence in attempting to assess the existence of a malfunction, interruption, or alteration, it shall be deemed to be not at fault in failing to correctly identify such conditions as having a material impact upon the Energy Cost Savings Guarantee. Department shall notify QESP within twenty-four (24) hours upon its having actual knowledge of any such condition affecting the Equipment. QESP shall respond or cause its designee(s) to respond within hours and shall proceed immediately with corrective measures. Any telephonic notice of such conditions by Department shall be followed within three business days by written notice to QESP from Department. If Department unreasonably delays in so notifying QESP of a malfunction or emergency, and the malfunction or emergency is not otherwise corrected or remedied, QESP may charge Department for its loss, due to the delay, associated with the Energy Cost Savings Guarantee under this SOW for the particular time period, provided that QESP is able to show the direct causal connection between the delay and the loss. The QESP will provide a written record of all Service performed. This record will indicate the reason for the service, description of the problem and the corrective action performed.

Malfunctions and Emergencies. A. Agency shall use its best efforts to notify the Contractor or its designated subcontractors within 24 hours after the Agency's actual knowledge and occurrence of: (i) any malfunction in the operation of the Equipment or any preexisting energy related equipment that might materially impact upon the guaranteed energy savings, (ii) any interruption or alteration to the energy supply to the Project Site(s), or (iii) any alteration or modification in any energy-related equipment or its operation. B. Where Agency exercises due diligence in attempting to assess the existence of a malfunction, interruption, or alteration it shall be deemed not at fault in failing to correctly identify such conditions as having a material impact upon the guaranteed energy savings. Agency shall notify Contractor within twenty-four (24) hours upon its having actual knowledge of any emergency condition affecting the Equipment. Contractor shall respond or cause its designee(s) to respond within 72 hours and shall promptly proceed with corrective measures. Any telephonic notice of such conditions by Agency shall be followed within three business days by written notice to Contractor from Agency. If Agency unreasonably delays in so notifying Contractor of a malfunction or emergency, and the malfunction or emergency is not otherwise corrected or remedied, Contractor may charge Agency for its loss, due to the delay, associated with the guaranteed savings under this Contract for the particular time period, provided that Contractor is able to show the direct causal connection between the delay and the loss. C. The Contractor shall provide a written record of all service work performed. This record will indicate the reason for the service, description of the problem and the corrective action performed.

Malfunctions and Emergencies. 4.2.1 Each of Customer and Provider shall notify the other within twenty-four (24) hours following the discovery by it of (a) any material malfunction in the operation of a System or

Malfunctions and Emergencies. (a) Host and Provider each shall notify the other in writing as soon as possible but in any event no later than twenty-four (24) hours following their discovery of any material malfunction in the operation of the System or of their discovery of an interruption in the supply of Solar Services. Provider and Host shall each designate personnel and establish procedures such that each Party may provide notice of such conditions requiring Provider’s repair or alteration at all times, twenty- four (24) hours per day, including weekends and holidays. Provider and Host each shall use best efforts to notify the other Party upon the discovery of an emergency condition in the System. If such notice is made verbally, it shall be followed up in writing on the next business day. The above notwithstanding, Host shall have no obligation to inspect, monitor, operate or repair the System. (b) If an emergency condition exists at the System or Property, Provider shall, upon notice in accordance with Section 4.2(a), promptly within 24 hours dispatch the appropriate personnel to perform the necessary repairs or corrective action in an expeditious and safe manner. For routine and emergency repairs, Host shall contact Provider using contacts for each listed in attached Schedule 5 of the Appendix.

Malfunctions and Emergencies. ‌ 4.2.1 Each of Customer and Provider shall notify the other within twenty- four (24) hours following the discovery by it of (a) any material malfunction in the operation of the System, (b) an interruption in the supply of Solar Services or Storage Services. Provider and Customer shall each designate personnel and establish procedures such that each Party may provide notice of such conditions requiring Provider’s repair or alteration at all times, twenty-four

Malfunctions and Emergencies. This section requires the Institution to notify the ESCO within a specified number of hours of actually knowing about any situation that impacts the performance of the equipment. As described here, the impacts cover both pre-existing energy related equipment and the newly installed equipment. The impacts defined here include equipment malfunction or modification, interruption of power supply or any emergency situation which may affect the Energy and Cost Savings Guarantee. If such an impact is known by the Institution to have occurred and the Institution delays in notifying the ESCO and doesn't correct the situation, it will treated as a Material Change and the baseline will be adjusted accordingly. If the Institution makes an effort to assess the situation and incorrectly determines it doesn't have an impact, then the ESCO will not fault the Institution, although an adjustment to the baseline may still be warranted. Institution shall use its best efforts to notify the ESCO or its designated subcontractors within 24 hours after the Institution's actual knowledge and occurrence of: (i) any malfunction in the operation of the Equipment or any preexisting energy related equipment that might materially impact upon the guaranteed energy savings, (ii) any interruption or alteration to the energy supply to the Project Site(s), or (iii) any alteration or modification in any energy-related equipment or its operation. Where Institution exercises due diligence in attempting to assess the existence of a malfunction, interruption, or alteration it shall be deemed not at fault in failing to correctly identify such conditions as having a material impact upon the guaranteed energy savings. Institution shall notify ESCO within twenty-four (24) hours upon its having actual knowledge of any emergency condition affecting the Equipment. ESCO shall respond or cause its designee(s) shall respond within ____hours and shall promptly proceed with corrective measures. Any telephonic notice of such conditions by Institution shall be followed within three business days by written notice to ESCO from Institution. If Institution unreasonably delays in so notifying ESCO of a malfunction or emergency, and the malfunction or emergency is not otherwise corrected or remedied, ESCO may charge Institution for its loss, due to the delay, associated with the guaranteed savings under this Contract for the particular time period, provided that ESCO is able to show the direct causal connection betw...

Malfunctions and Emergencies. Actions by Agency. 26. Modification of Equipment. 27. Upgrade or Alteration of Equipment.

Malfunctions and Emergencies. Customer shall use its best efforts to notify the ESCO or its designee(s) promptly after the Customer’s discovery and actual knowledge and occurrence of: (i) any malfunction in the operation of the Equipment or any preexisting energy related equipment that might materially impact upon the guaranteed energy savings, (ii) any interruption or alteration to the energy supply to the Premises, or (iii) any alteration or modification in any energy-related equipment or its operation. Where Customer exercises due diligence in attempting to assess the existence of a malfunction, interruption, or alteration it shall be deemed not at fault in failing to correctly identify a such conditions as having a material impact upon the guaranteed energy savings. Customer shall notify ESCO promptly upon its having actual knowledge of any emergency condition affecting the Equipment. ESCO shall respond or cause its designee(s) shall respond within twenty-four (24) hours and shall promptly proceed with corrective measures. Any telephonic notice of such conditions by Customer shall be followed within three business days by written notice to ESCO from Customer. If Customer unreasonably delays in so notifying ESCO of a malfunction or emergency, and the malfunction or emergency is not otherwise corrected or remedied, such conditions will be treated as a Material Change and the applicable provisions of Section 16 (Material Changes) shall be applied.

Malfunctions and Emergencies. This section requires the Agency to notify the Contractor within a specified number of hours of actually knowing about any situation that impacts the performance of the equipment. As described here, the impacts cover both pre-existing energy related equipment and the newly installed equipment. The impacts defined here include equipment malfunction or modification, interruption of power supply or any emergency situation which may affect the Energy and Cost Savings Guarantee. If such an impact is known by the Agency to have occurred and the Agency delays in notifying the Contractor and doesn't correct the situation, it will treated as a Material Change and the baseline will be adjusted accordingly. If the Agency makes an effort to assess the situation and incorrectly determines it doesn't have an impact, then the Contractor will not fault the Agency, although an adjustment to the baseline may still be warranted.