Common use of New Equipment/Systems Installed By CONTRACTOR Clause in Contracts

New Equipment/Systems Installed By CONTRACTOR. a. During the Contract Term, DCAMM shall not significantly move, remove, modify, alter, or change in any way the New Equipment/Systems or any part thereof, without the prior written approval of CONTRACTOR. Notwithstanding the foregoing, DCAMM may take reasonable steps to protect the New Equipment/Systems if, due to an emergency, it is not possible or reasonable to notify CONTRACTOR before taking any such actions. In the event of such an emergency, DCAMM shall take reasonable steps to protect the New Equipment/Systems from damage or injury. b. CONTRACTOR shall at all times during the Contract Term have the right, subject to DCAMM’s prior written approval, which approval shall not be unreasonably withheld, to change the New Equipment/Systems, revise any procedures for the operation of the New Equipment/Systems or implement changes in the Design, provided that: (i) CONTRACTOR complies with the standards of comfort and Services set forth in Section 45: Standards of Comfort; (ii) such modifications or additions to, or replacement of the New Equipment/Systems, and any operational changes, or new procedures shall not reduce the Energy Savings, increase the cost of operations or be considered of lesser quality or compromise any Energy Savings or Existing Equipment/Systems associated with this Project or the Premises; (iii) such modifications or additions to, or replacement of the New Equipment/Systems and operation changes or new procedures do not adversely affect the warranties on such New Equipment/Systems; and (iv) any cost incurred relative to such modifications, additions or replacement of the New Equipment/Systems, or operational changes or new procedures shall be the responsibility of CONTRACTOR. All modifications, additions or replacements of the New Equipment/Systems or revisions to operating or other procedures shall be described in a supplemental schedule(s) to be provided to DCAMM for approval, which shall not be unreasonably withheld, provided that any replacement of the New Equipment/Systems shall be new and have equal or better potential to reduce energy or water consumption at the Premises than the New Equipment/Systems being replaced. CONTRACTOR shall update any and all software to be used in connection with the New Equipment/Systems in accordance with the Contract and Schedule A-3: DCAMM Design Procedures. All replacements of and alterations or additions to the New Equipment/Systems shall become part the New Equipment/Systems described in the Design and shall be covered by the provisions and terms of this Contract.

New Equipment/Systems Installed By CONTRACTOR. a. During the Contract Term, DCAMM shall not significantly move, remove, modify, alter, or change in any way the New Equipment/Systems or any part thereof, without the prior written approval of CONTRACTOR. Notwithstanding the foregoing, DCAMM may take reasonable steps to protect the New Equipment/Systems if, due to an emergency, it is not possible or reasonable to notify CONTRACTOR before taking any such actions. In the event of such an emergency, DCAMM shall take reasonable steps to protect the New Equipment/Systems from damage or injury. b. CONTRACTOR shall at all times during the Contract Term have the right, subject to DCAMM’s prior written approval, which approval shall not be unreasonably withheld, to change the New Equipment/Systems, revise any procedures for the operation of the New Equipment/Systems or implement changes in the Design, provided that: (i) CONTRACTOR complies with the standards of comfort and Services services set forth in Section 45: Standards of Comfort; (ii) such modifications or additions to, or replacement of the New Equipment/Systems, and any operational changes, or new procedures shall not reduce the Energy Savings, increase the cost of operations or be considered of lesser quality or compromise any Energy Savings Savings, ECM or Existing Equipment/Systems associated with this Project or the Premises; (iii) such modifications or additions to, to or replacement of the New Equipment/Systems and operation changes or new procedures do not adversely affect the warranties on such New Equipment/Systems; and (iv) any cost incurred relative to such modifications, additions or replacement of the New Equipment/Systems, or operational changes or new procedures shall be the responsibility of CONTRACTOR. All modifications, additions or replacements of the New Equipment/Systems or revisions to operating or other procedures shall be described in a supplemental schedule(s) to be provided to DCAMM for approval, which shall not be unreasonably withheld, provided that any replacement of the New Equipment/Systems shall be new and have equal or better potential to reduce energy or water consumption at the Premises than the New Equipment/Systems being replaced. CONTRACTOR shall update any and all software to be used in connection with the New Equipment/Systems in accordance with the Contract and Schedule A-3: DCAMM Design Proceduresthe Design. All replacements of and alterations or additions to the New Equipment/Systems shall become part the New Equipment/Systems described in Schedule B-1: Scope of Services and the Design and shall be covered by the provisions and terms of this Contract.

New Equipment/Systems Installed By CONTRACTOR. a. During the Contract Term, DCAMM shall not significantly move, remove, modify, alter, or change in any way the New Equipment/Systems or any part thereof, without the prior written approval of CONTRACTOR. Notwithstanding the foregoing, DCAMM may take reasonable steps to protect the New Equipment/Systems if, due to an emergency, it is not possible or reasonable to notify CONTRACTOR before taking any such actions. In the event of such an emergency, DCAMM shall take reasonable steps to protect the New Equipment/Systems from damage or injury. b. CONTRACTOR shall at all times during the Contract Term have the right, may subject to DCAMM’s prior written approval, which approval shall not be unreasonably withheld, to change the New Equipment/Systems, revise any procedures for the operation of the New Equipment/Systems or implement changes in the Design, provided that: (i) CONTRACTOR properly submits such requested modification, addition, or replacement for approval in accordance with the Contract at least one hundred twenty (120) days prior to the date the applicable New Equipment/System or component thereof will be used in the Installation Services. (ii) CONTRACTOR provides DCAMM and any third-party consultant identified by DCAMM in writing with any information and test results that DCAMM and its designated consultant(s) reasonably requires to determine whether or not a proposed modification is equal to the requirements of the Contract Documents (including, without limitation, the Design) as set forth herein; (iii) CONTRACTOR complies with the standards of comfort and Services set forth in Section 45: Standards of Comfort; (iiiv) such modifications or additions to, or replacement of the New Equipment/Systems, and any operational changes, or new procedures shall not reduce the Energy Savings, increase the cost of operations or be considered of lesser quality or compromise any Energy Savings or Existing Equipment/Systems associated with this Project or the Premises; (iiiv) such modifications or additions to, or replacement of the New Equipment/Systems and operation changes or new procedures do not adversely affect the warranties on such New Equipment/Systems; (vi) such modifications or additions to, or replacement of the New Equipment/Systems and operation changes or new procedures, in the opinion of DCAMM: are at least equal in quality, durability, appearance, strength and design; perform at least equally the function imposed in the Design and any other applicable Contract Documents; and conform substantially, even with deviations, to the detailed requirements for the items as indicated by the Design and any other applicable Contract Documents; and (ivvii) any cost incurred relative to such modifications, additions or replacement of the New Equipment/Systems, or operational changes or new procedures and any changes necessary to accommodate such approved modification, addition, or replacement shall be the responsibility of CONTRACTOR. All modifications, additions or replacements of the New Equipment/Systems or revisions to operating or other procedures shall be described in a supplemental schedule(s) to be provided to DCAMM for approval, which shall not be unreasonably withheld, provided that any replacement of the New Equipment/Systems shall be new and have equal or better potential to reduce energy or water consumption at the Premises than the New Equipment/Systems being replaced. CONTRACTOR shall update any and all software to be used in connection with the New Equipment/Systems in accordance with the Contract and Schedule A-3: DCAMM Design Procedures. All replacements of and alterations or additions to the New Equipment/Systems shall become part the New Equipment/Systems described in the Design and shall be covered by the provisions and terms of this Contract. In no event shall CONTRACTOR maintain a claim for delays based upon DCAMM and DCAMM’s consultant’s review of requests for modification, addition, or replacement of New Equipment/System and/or operating procedures therefore if CONTRACTOR has failed to comply with the one hundred twenty (120) day submission requirement above.

New Equipment/Systems Installed By CONTRACTOR. a. During the Contract Term, DCAMM CUSTOMER shall not significantly move, remove, modify, alter, or change in any way the New Equipment/Systems or any part thereof, without the prior written approval of CONTRACTOR. Notwithstanding the foregoing, DCAMM CUSTOMER may take reasonable steps to protect the New Equipment/Systems if, due to an emergency, it is not possible or reasonable to notify CONTRACTOR before taking any such actions. In the event of such an emergency, DCAMM CUSTOMER shall take reasonable steps to protect the New Equipment/Systems from damage or injury. b. CONTRACTOR shall at all times during the Contract Term have the right, subject to DCAMM’s prior written approval, which approval shall not be unreasonably withheld, to change the New Equipment/Systems, revise any procedures for the operation of the New Equipment/Systems or implement changes in the Design, provided that: (i) CONTRACTOR complies with the standards Standards of comfort Comfort and Services services set forth in Section 45: Standards 35 of Comfortthe Contract; (ii) such modifications or additions to, or replacement of the New Equipment/Systems, and any operational changes, or new procedures shall not reduce the Energy Savings, increase the cost of operations or be considered of lesser quality or compromise any Energy Savings ECM or Existing Equipment/Systems associated with this Project or the Premises; (iii) such modifications or additions to, or replacement of the New Equipment/Systems and operation changes or new procedures do not adversely affect the warranties on such New Equipment/Systems; and (iv) any cost incurred relative to such modifications, additions or replacement of the New Equipment/Systems, or operational changes or new procedures shall be the responsibility of CONTRACTOR. All modifications, additions or replacements of the New Equipment/Systems or revisions to operating or other procedures shall be described in a supplemental schedule(s) to be provided to DCAMM for approval, which shall not be unreasonably withheld, provided that any replacement of the New Equipment/Systems shall be new and have equal or better potential to reduce energy or water consumption at the Premises than the New Equipment/Systems being replaced. CONTRACTOR shall update any and all software to be used in connection with the New Equipment/Systems in accordance with the Contract and Schedule A-3: DCAMM Design Procedures. All replacements of and alterations or additions to the New Equipment/Systems shall become part the New Equipment/Systems described in the Design and shall be covered by the provisions and terms of this Contract.

New Equipment/Systems Installed By CONTRACTOR. a. During the Contract Term, DCAMM CUSTOMER shall not significantly move, remove, modify, alter, or change in any way the New Equipment/Systems or any part thereof, without the prior written approval of CONTRACTOR. Notwithstanding the foregoing, DCAMM CUSTOMER may take reasonable steps to protect the New Equipment/Systems if, due to an emergency, it is not possible or reasonable to notify CONTRACTOR before taking any such actions. In the event of such an emergency, DCAMM CUSTOMER shall take reasonable steps to protect the New Equipment/Systems from damage or injury. b. CONTRACTOR shall at all times during the Contract Term have the right, subject to DCAMM’s prior written approval, which approval shall not be unreasonably withheld, to change the New Equipment/Systems, revise any procedures for the operation of the New Equipment/Systems or implement changes in the Design, provided that: (i) CONTRACTOR complies with the standards Standards of comfort Comfort and Services services set forth in Section 45: Standards of Comfort34; (ii) such modifications or additions to, or replacement of the New Equipment/Systems, and any operational changes, or new procedures shall not reduce the Energy Savings, increase the cost of operations or be considered of lesser quality or compromise any Energy Savings ECM or Existing Equipment/Systems associated with this Project or the Premises; (iii) such modifications or additions to, to or replacement of the New Equipment/Systems and operation changes or new procedures do not adversely affect the warranties on such New Equipment/Systems; and (iv) any cost incurred relative to such modifications, additions or replacement of the New Equipment/Systems, or operational changes or new procedures shall be the responsibility of CONTRACTOR. All modifications, additions or replacements of the New Equipment/Systems or revisions to operating or other procedures shall be described in a supplemental schedule(s) to be provided to DCAMM CUSTOMER for approval, which shall not be unreasonably withheld, provided that any replacement of the New Equipment/Systems shall be new and have equal or better potential to reduce energy or water consumption at the Premises than the New Equipment/Systems being replaced. CONTRACTOR shall update any and all software to be used in connection with the New Equipment/Systems in accordance with the Contract and Schedule A-3A-1: DCAMM Level of Design ProceduresServices. All replacements of and alterations or additions to the New Equipment/Systems shall become part the New Equipment/Systems described in the Design SCHEDULE B: INSTALLATION SERVICES and shall be covered by the provisions and terms of this Contract.

New Equipment/Systems Installed By CONTRACTOR. a. During the Contract Term, DCAMM shall not significantly move, remove, modify, alter, or change in any way the New Equipment/Systems or any part thereof, without the prior written approval of CONTRACTOR. Notwithstanding the foregoing, DCAMM may take reasonable steps to protect the New Equipment/Systems if, due to an emergency, it is not possible or reasonable to notify CONTRACTOR before taking any such actions. In the event of such an emergency, DCAMM shall take reasonable steps to protect the New Equipment/Systems from damage or injury. b. CONTRACTOR shall at all times during the Contract Term have the rightmay, subject to DCAMM’s prior written approval, which approval shall not be unreasonably withheld, to change the New Equipment/Systems, revise any procedures for the operation of the New Equipment/Systems or implement changes in the Design, provided that: (i) CONTRACTOR properly submits such requested modification, addition, or replacement for approval in accordance with the Contract at least one hundred twenty (120) days prior to the date the applicable New Equipment/System or component thereof will be used in the Installation Services; (ii) CONTRACTOR provides DCAMM and any third-party consultant identified by DCAMM in writing with any information and test results that DCAMM and its designated consultant(s) reasonably requires to determine whether or not a proposed modification is equal to the requirements of the Contract Documents (including, without limitation, the Design) as set forth herein; (iii) CONTRACTOR complies with the standards of comfort and Services services set forth in Section 45: Standards of Comfort; (iiiv) such modifications or additions to, or replacement of the New Equipment/Systems, and any operational changes, or new procedures shall not reduce the Energy Savings, increase the cost of operations or be considered of lesser quality or compromise any Energy Savings Savings, ECM or Existing Equipment/Systems associated with this Project or the Premises; (iiiv) such modifications or additions to, to or replacement of the New Equipment/Systems and operation changes or new procedures do not adversely affect the warranties on such New Equipment/Systems; (vi) such modifications or additions to, or replacement of the New Equipment/Systems and operation changes or new procedures, in the opinion of DCAMM: are at least equal in quality, durability, appearance, strength and design; perform at least equally the function imposed in the Design and any other applicable Contract Documents; and conform substantially, even with deviations, to the detailed requirements for the items as indicated by the Design and any other applicable Contract Documents; and (ivvii) any cost incurred relative to such modifications, additions or replacement of the New Equipment/Systems, or operational changes or new procedures and any changes necessary to accommodate such approved modification, addition, or replacement shall be the responsibility of CONTRACTOR. All modifications, additions or replacements of the New Equipment/Systems or revisions to operating or other procedures shall be described in a supplemental schedule(s) to be provided to DCAMM for approval, which shall not be unreasonably withheld, provided that any replacement of the New Equipment/Systems shall be new and have equal or better potential to reduce energy or water consumption at the Premises than the New Equipment/Systems being replaced. CONTRACTOR shall update any and all software to be used in connection with the New Equipment/Systems in accordance with the Contract and Schedule A-3: DCAMM Design Proceduresthe Design. All replacements of and alterations or additions to the New Equipment/Systems shall become part the New Equipment/Systems described in Schedule B-1: Scope of Services and the Design and shall be covered by the provisions and terms of this Contract. . In no event shall CONTRACTOR maintain a claim for delays based upon DCAMM and DCAMM’s consultant’s review of requests for modification, addition, or replacement of New Equipment/System and/or operating procedures therefore if CONTRACTOR has failed to comply with the one hundred twenty (120) day submission requirement above.