PERFORMANCE BY XXXX. Section 16.1.
PERFORMANCE BY XXXX. XXXX shall perform all tasks/phases under the Contract, including procurement, construction and installation of the Equipment in such a manner so as not to harm the structural integrity of the buildings or their operating systems and so as to conform to the standards set forth in Schedule I (Standards of Comfort) and the construction schedule specified in Schedule G (Construction and Installation Schedule). ESCO shall repair and restore to its original condition any area of damage caused by XXXX'x performance under this Contract. The Customer reserves the right to review the work performed by XXXX and to direct ESCO to take certain corrective action if, in the opinion of the Customer, the structural integrity of the Premises or its operating system is or will be harmed. All costs associated with such corrective action to damage caused by XXXX'x performance of the work shall be borne by ESCO. ESCO shall remain responsible for the professional and technical accuracy of all services performed, whether by the ESCO or its subcontractors or others on its behalf, throughout the term of this Contract.
PERFORMANCE BY XXXX. 9.1. The ESCO shall perform all tasks/phases under the Contract, including construction, and install the equipment in such a manner so as not to harm the structural integrity of the buildings or their operating systems and so as to conform to the standards set forth in Schedule J (Standards of Comfort) and the construction schedule specified in Schedule H (Construction and Installation Schedule). The ESCO shall repair and restore to its original condition any area of damage caused by the ESCO’s performance under this Contract. The Customer reserves the right to review the work performed by the ESCO and to direct the ESCO to take certain corrective action if, in the opinion of the Customer, the structural integrity of the premises or its operating system is or will be harmed. All costs associated with such corrective action to damage caused by the ESCO’s performance of the work shall be borne by the ESCO.
PERFORMANCE BY XXXX. All covenants of Xxxx under this Agreement to be performed or complied with on or before the Effective Time which have not been waived by Excellon shall have been duly performed or complied with by Xxxx in all material respects, and Excellon shall have received a certificate of Xxxx, addressed to Excellon and dated the Effective Date, signed on behalf of Xxxx by two senior officers of Xxxx (on Xxxx' behalf and without personal liability), confirming the same as of the Effective Date.
PERFORMANCE BY XXXX. Section 16.1. Corrective Action; Accuracy of the Services Section 16.2. Annual Reporting Requirements; Annual ENERGY STAR Rating ADMINISTRATION
PERFORMANCE BY XXXX. Section 6.1 ESCO shall perform all tasks/phases under the Contract, including construction, and install the Equipment in such a manner so as not to harm the structural integrity of the buildings or their operating systems and so as to conform to the manufacturer standards and the construction schedule specified in Exhibit C. The Agency reserves the right to review the work performed by XXXX and to direct ESCO to take certain corrective action if, in the opinion of the Agency, the structural integrity of the Premises or its operating system is or will be harmed. All costs associated with such corrective action to damage caused by XXXX'x performance of the work shall be borne by ESCO.
PERFORMANCE BY XXXX. Subject to the provision by CLIENT of the CLIENT Development Materials pursuant to Section 2.3, XXXX will use commercially reasonable effortsto perform, directly or, subject to the terms of the Statement of Work or approval by CLIENT (such approval not to be unreasonably withheld), through a Third Party contractor, the work described in a Statement of Work in a professional and workmanlike manner in accordance with the terms of this Agreementand will use commercially reasonable efforts to complete tasks in accordance with the timelines specified in a Statement of Work. XXXX will promptly (and in any event within three business days of becoming aware of such event or circumstance) notify CLIENT of any material delays that arise during the performance of the Statement of Work.
PERFORMANCE BY XXXX. XXXX shall perform all tasks/phases under the Contract, including construction, and install the Equipment in such a manner so as not to harm the structural integrity of the buildings or their operating systems and so as to conform to the standards set forth in Schedule I (Standards of Comfort) and the construction schedule specified in Schedule G (Construction and Installation Schedule) In addition, ESCO covenants and agrees that its installation of equipment shall be performed in accordance with all applicable contract documents and design and per the manufacturer’s instructions. Further, its installation work shall be performed free of defects and in workmanlike manner and with the same standard of care as performed by other qualified energy engineer firms in the time and locality for the Project. ESCO shall repair and restore to its original condition any area of damage caused by ESCO’s performance under this Contract. The Customer reserves the right to review the work performed by ESCO and to direct ESCO to take certain corrective action if, in the opinion of the Customer, the structural integrity of the Premises or its operating system is or will be harmed. All costs associated with such corrective action to damage caused by ESCO’s performance of the work shall be borne by ESCO. ESCO shall remain responsible for the professional and technical accuracy of all services performed, whether by the ESCO or its subcontractors or others on its behalf, throughout the term of this Contract.
