Manpower Limitations/ Con Edison Emergencies. Con Edison’s obligation to furnish the O&M Services shall, at all times (including, without limitation, during any period after which work has commenced to furnish such services, goods or materials), be subject to the availability of Con Edison personnel to furnish such services, goods or materials, taking into account the services, goods or materials to be furnished to the Power Authority and the need for Con Edison personnel to furnish services, goods or materials relative to Con Edison’s electric, gas and/or steam systems, which availability shall be determined in the sole discretion of Con Edison. Without limitation of any provision of this Second Composite Agreement that excuses or limits liability, any failure or delay by Con Edison in furnishing any services, goods or materials due to such unavailability of Con Edison personnel (such unavailability being determined in the sole discretion of Con Edison) shall be excused and shall not give rise to any liability. Con Edison will endeavor to provide the Power Authority with such advance notice as may be practicable under the circumstances of the unavailability of its personnel as described in this Paragraph.
Appears in 2 contracts
Samples: Composite Agreement, Amended and Composite Agreement
Manpower Limitations/ Con Edison Emergencies. Con Edison’s obligation to furnish the O&M Services shall, at all times (including, without limitation, during any period after which work has commenced to furnish such services, goods or materials), be subject to the availability of Con Edison personnel to furnish such services, goods or materials, taking into account the services, goods or materials to be furnished to the Power Authority and the need for Con Edison personnel to furnish services, goods or materials relative to Con Edison’s electric, gas and/or steam systems, which availability shall be determined in the sole discretion of Con Edison. Without limitation of any provision of this Second Composite Agreement that excuses or limits liability, any failure or delay by Con Edison in furnishing any services, goods or materials due to such unavailability of Con Edison personnel (such unavailability being determined in the sole discretion of Con Edison) shall be excused and shall not give rise to any liability. Con Edison will endeavor to provide the Power Authority with such advance notice as may be practicable under the circumstances of the unavailability of its personnel as described in this Paragraph.
Appears in 1 contract
Samples: Restated Agreement
Manpower Limitations/ Con Edison Emergencies. Con EdisonXxxxxx’s obligation to furnish the O&M Services shall, at all times (including, without limitation, during any period after which work has commenced to furnish such services, goods or materials), be subject to the availability of Con Edison personnel to furnish such services, goods or materials, taking into account the services, goods or materials to be furnished to the Power Authority and the need for Con Edison personnel to furnish services, goods or materials relative to Con Edison’s electric, gas and/or steam systems, which availability shall be determined in the sole discretion of Con EdisonXxxxxx. Without limitation of any provision of this Second Composite Agreement that excuses or limits liability, any failure or delay by Con Edison in furnishing any services, goods or materials due to such unavailability of Con Edison personnel (such unavailability being determined in the sole discretion of Con EdisonXxxxxx) shall be excused and shall not give rise to any liability. Con Edison will endeavor to provide the Power Authority with such advance notice as may be practicable under the circumstances of the unavailability of its personnel as described in this Paragraph.
Appears in 1 contract
Samples: Amended and Composite Agreement