Common use of Malfunctions and Emergencies Clause in Contracts

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. A. Agency Owner shall use its best efforts to notify the Contractor or its designated subcontractors subcontractor within 24 forty-eight (48) hours after the AgencyOwner'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 savingsSavings or Savings Guarantee, (ii) any interruption or alteration to the energy supply to the Project Site(s)Premises, or (iii) any alteration or modification in any energy-related equipment or its operation. B. . Where Agency Owner 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 any such conditions as having a material impact upon the guaranteed energy savingsSavings. Agency Owner shall notify Contractor within twentyforty-four eight (2448) hours upon its having actual knowledge of any emergency condition affecting the Equipment. If such malfunction, interruption, or alteration occurs during the Warranty Period, Contractor shall respond or cause its designee(sto any such notice within twenty-four (24) to respond within 72 hours for non-critical equipment, and eight (8) hours for critical equipment, and shall promptly thereafter proceed with corrective measures. Any telephonic notice of such conditions by Agency Owner shall be followed within three business days by written notice to Contractor from AgencyOwner. If Agency Owner 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 Owner for its loss, due to the delay, associated with the guaranteed savings Guarantee 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 will 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. A. Agency Customer shall use its best efforts to notify the Contractor ESCO or its designated subcontractors subcontractor within 24 twenty-four (24) hours after the AgencyCustomer's actual knowledge and occurrence of: : (i) any malfunction in the operation of the Equipment or any preexisting pre-existing energy related equipment that might materially impact upon the guaranteed energy savings, savings or savings guarantee, (ii) any interruption or alteration to the energy supply to the Project Site(s)Premises, or or (iii) any alteration or modification in any energy-related equipment or its operation. B. . Where Agency 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. Agency Customer shall notify Contractor ESCO within twenty-four (24) hours upon its having actual knowledge of any emergency condition affecting the Equipment. Contractor If such malfunction, interruption, or alteration occurs during the Warranty Period, ESCO shall respond or cause its designee(sto any such notice within twenty-four (24) to respond within 72 hours and shall promptly thereafter proceed with corrective measures. Any telephonic notice of such conditions by Agency Customer shall be followed within three business days by written notice to Contractor ESCO from AgencyCustomer. If Agency Customer unreasonably delays in so notifying Contractor ESCO of a malfunction or emergency, and the malfunction or emergency is not otherwise corrected or remedied, Contractor ESCO may charge Agency Customer for its loss, due to the delay, associated with the guaranteed savings under this Contract Agreement for the particular time period, provided that Contractor ESCO is able to show the direct causal connection between the delay and the loss. C. . The Contractor ESCO shall provide a written record of all service work performed. This record will shall indicate the reason for the service, description of the problem and the corrective action performed.

Malfunctions and Emergencies. A. Agency Owner shall use its best efforts to notify the Contractor or its designated subcontractors subcontractor within 24 forty- eight (48) hours after the AgencyOwner'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 savingsSavings or Savings Guarantee, (ii) any interruption or alteration to the energy supply to the Project Site(s)Premises, or (iii) any alteration or modification in any energy-related equipment or its operation. B. . Where Agency Owner 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 any such conditions as having a material impact upon the guaranteed energy savingsSavings. Agency Owner shall notify Contractor within twenty-four forty- eight (2448) hours upon its having actual knowledge of any emergency condition affecting the Equipment. If such malfunction, interruption, or alteration occurs during the Warranty Period, Contractor shall respond or cause its designee(sto any such notice within twenty-four (24) to respond within 72 hours for non-critical equipment, and eight (8) hours for critical equipment, and shall promptly thereafter proceed with corrective measures. Any telephonic notice of such conditions by Agency Owner shall be followed within three business days by written notice to Contractor from AgencyOwner. If Agency Owner 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 Owner for its loss, due to the delay, associated with the guaranteed savings Guarantee 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 will 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. A. Agency shall use its best efforts to notify the Contractor ESCO or its designated subcontractors designee(s) within 24 twenty-four (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)Premises, 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 ESCO within twenty-four (24) hours upon its having actual knowledge of any emergency condition affecting the Equipment. Contractor shall respond ESCO, or cause its designee(s) to shall respond within 72 ____ hours and shall promptly proceed with corrective measures. Any telephonic notice of such conditions by Agency shall be followed within three (3) business days by written notice to Contractor ESCO from Agency. If Agency unreasonably delays in so notifying Contractor ESCO 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 such conditions will be treated as a Material Change and the loss. C. The Contractor applicable provisions of Section 14 (Material Changes) shall be applied. ESCO will 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. 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 savingsGuaranteed of 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 savingsGuarantee of 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. A. Agency shall use its best efforts to notify the Contractor ESCO or its designated subcontractors designee(s) 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)Premises, or 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 ESCO within twenty-four (24) hours upon its having actual knowledge of any emergency condition affecting the Equipment. Contractor ESCO shall respond or cause its designee(s) to respond within 72 forty eight (48) 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 ESCO from Agency. If Agency unreasonably delays in so notifying Contractor ESCO 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 such conditions will be treated as an Energy Performance Change and the lossapplicable provisions of Section 11 shall be applied. 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.