Common use of Spare Parts and Consumables; T&M Services Clause in Contracts

Spare Parts and Consumables; T&M Services. (a) [Owner has procured certain Spare Parts for the Project under the terms of the BOT Agreement.]2 O&M Contractor may utilize such Spare Parts in the performance of the Services; provided that O&M Contractor promptly replaces such Spare Parts at Owner’s sole cost and expense to the extent not covered by the BOT Warranty or the Project Warranties. O&M Contractor shall provide all Consumables required for the performance of the Services. To the extent that Owner desires, at its option, to purchase additional Spare Parts beyond the Spare Parts purchased under the BOT Agreement, O&M Contractor shall supply such Spare Parts to Owner at T&M Costs. The xxxx-up included in the T&M Costs for any Spare Parts O&M Contractor procures for Owner shall be applied only to the base cost of the procurement and not to any taxes, shipping, handling or other item that the vendor includes on its invoice. O&M Contractor shall provide original invoicing with all reimbursement requests. (b) All Spare Parts and other materials procured or utilized by O&M Contractor for performance under this Agreement during the term of any applicable Project Hardware Warranties or the BOT Warranty shall be of specification and quality required so as to in no way invalidate such Project Hardware Warranties or BOT Warranty, or any portion thereof. Spare Parts may include new and/or newly refurbished parts; provided that any newly refurbished parts shall be used only upon written approval of Owner. (c) O&M Contractor shall perform the services set forth on Exhibit A-2 at T&M Costs (the “T&M Services” and, together with the services set forth in Section 4.2, the “Services”). (d) Any T&M Services included in the Annual Operating Plan approved by Owner may be performed in accordance with the approved budget for such T&M Services set forth in such Annual Operating Plan. For minor T&M Services not included in the Annual Operating Plan, the T&M Cost of which is reasonably anticipated not to rise to the level of a Major Undertaking, O&M Contractor may proceed with the repairs in question without specific prior authorization from Owner and invoice Owner for the amount of such T&M Services; provided, however, that (i) O&M Contractor shall not continue performing such T&M Services without prior written approval from Owner once the cost of such T&M Services exceeds (or is reasonably expected to exceed) the level of a Major Undertaking; and (ii) O&M Contractor shall not perform the type of T&M 2 NTD: Parties to discuss spare parts inventory. Services authorized by this Section 4.4(d) once the aggregate cost of such T&M Services exceeds [Twenty Thousand Dollars ($20,000)] in any calendar year without prior written approval from Owner.

Spare Parts and Consumables; T&M Services. (a) [Owner has procured certain Spare Parts for the Project under the terms of the BOT Agreement.]2 O&M Contractor may utilize such Spare Parts in the performance of the Services; provided that O&M Contractor promptly replaces such Spare Parts at Owner’s sole cost and expense to the extent not covered by the BOT Warranty or the Project Warranties. O&M Contractor shall provide all Consumables required for the performance of the Services. To the extent that Owner desires, at its option, to purchase additional Spare Parts beyond the Spare Parts purchased under the BOT Agreement, O&M Contractor shall supply such Spare Parts to Owner at T&M Costs. The xxxx-up xxxx -up included in the T&M Costs for any Spare Parts O&M Contractor procures for Owner shall be applied only to the base cost of the procurement and not to any taxes, shipping, handling or other item that the vendor includes on its invoice. O&M Contractor shall provide original invoicing with all reimbursement requests. (b) All Spare Parts and other materials procured or utilized by O&M Contractor for performance under this Agreement during the term of any applicable Project Hardware Warranties or the BOT Warranty shall be of specification and quality required so as to in no way invalidate such Project Hardware Warranties or BOT Warranty, or any portion thereof. Spare Parts may include new and/or newly refurbished parts; provided that any newly refurbished parts shall be used only upon written approval of Owner. (c) O&M Contractor shall perform the services set forth on Exhibit A-2 at T&M Costs (the “T&M Services” and, together with the services set forth in Section 4.2, the “Services”). (d) Any T&M Services included in the Annual Operating Plan approved by Owner may be performed in accordance with the approved budget for such T&M Services set forth in such Annual Operating Plan. For minor T&M Services not included in the Annual Operating Plan, the T&M Cost of which is reasonably anticipated not to rise to the level of a Major Undertaking, O&M Contractor may proceed with the repairs in question without specific prior authorization from Owner and invoice Owner for the amount of such T&M Services; provided, however, that (i) O&M Contractor shall not continue performing such T&M Services without prior written approval from Owner once the cost of such T&M Services exceeds exceedexceeds (or is reasonably expected to exceed) the level of a Major Undertaking; and (ii) O&M Contractor shall not perform the type of T&M 2 NTD: Parties to discuss spare parts inventory. Services authorized by this Section 4.4(d) once the aggregate cost of such T&M Services exceeds [Twenty Thousand Dollars ($20,000)] in any calendar year without prior written approval from Owner.

Spare Parts and Consumables; T&M Services. (a) [Owner has procured certain Spare Parts for the Project under the terms of the BOT Agreement.]2 O&M Contractor may utilize such Spare Parts in the performance of the Services; provided that O&M Contractor promptly replaces such Spare Parts at Owner’s sole cost and expense to the extent not covered by the BOT Warranty or the Project Warranties. O&M Contractor shall provide all Consumables required for the performance of the Services. Annually the O&M Contractor will review the Spare Parts and make recommendations to the Spare Parts inventory. To the extent that Owner desires, at its option, to purchase additional Spare Parts beyond the Spare Parts purchased under the BOT Agreement, O&M Contractor shall supply such Spare Parts to Owner at T&M Costs. The xxxxmark-up included in the T&M Costs for any Spare Parts O&M Contractor procures for Owner shall be applied only to the base cost of the procurement and not to any taxes, shipping, handling or other item that the vendor includes on its invoice. O&M Contractor shall provide original invoicing with all reimbursement requests. (b) All Spare Parts and other materials procured or utilized by O&M Contractor for performance under this Agreement during the term of any applicable Project Hardware Warranties or the BOT Warranty shall be of specification and quality required so as to in no way invalidate such Project Hardware Warranties or BOT Warranty, or any portion thereof. Spare Parts may include new and/or newly refurbished parts; provided that any newly refurbished parts shall be used only upon written approval of Owner. (c) O&M Contractor shall perform the services set forth on Exhibit A-2 at T&M Costs (the “T&M Services” and, together with the services set forth in Section 4.2, the “Services”). (d) Any T&M Services included in the Annual Operating Plan approved by Owner may be performed in accordance with the approved budget for such T&M Services set forth in such Annual Operating Plan. For minor T&M Services not included in the Annual Operating Plan, the T&M Cost of which is reasonably anticipated not to rise to the level of a Major Undertaking, O&M Contractor may proceed with the repairs in question without specific prior authorization from Owner and invoice Owner for the amount of such T&M Services; provided, however, that (i) O&M Contractor shall not continue performing such T&M Services without prior written approval from Owner once the cost of such T&M Services exceeds (or is reasonably expected to exceed) the level of a Major Undertaking; and (ii) O&M Contractor shall not perform the type of T&M 2 NTD: Parties to discuss spare parts inventory. Services authorized by this Section 4.4(d) once the aggregate cost of such T&M Services exceeds [Twenty Thousand Dollars ($20,000)] in any calendar year without prior written approval from Owner.

Spare Parts and Consumables; T&M Services. (a) [Owner has procured certain Spare Parts for the Project under the terms of the BOT Agreement.]2 O&M Contractor may utilize such Spare Parts in the performance of the Services; provided that O&M Contractor promptly replaces such Spare Parts at Owner’s sole cost and expense to the extent not covered by the BOT Warranty or the Project Warranties. O&M Contractor shall provide all Consumables required for the performance of the Services. To the extent that Owner desires, at its option, to purchase additional Spare Parts beyond the Spare Parts purchased under the BOT Agreement, O&M Contractor shall supply such Spare Parts to Owner at T&M Costs. The xxxxmark-up included in the T&M Costs for any Spare Parts O&M Contractor procures for Owner shall be applied only to the base cost of the procurement and not to any taxes, shipping, handling or other item that the vendor includes on its invoice. O&M Contractor shall provide original invoicing with all reimbursement requests. (b) All Spare Parts and other materials procured or utilized by O&M Contractor for performance under this Agreement during the term of any applicable Project Hardware Warranties or the BOT Warranty shall be of specification and quality required so as to in no way invalidate such Project Hardware Warranties or BOT Warranty, or any 2 NTD: Parties to discuss spare parts inventory. portion thereof. Spare Parts may include new and/or newly refurbished parts; provided that any newly refurbished parts shall be used only upon written approval of Owner. (c) O&M Contractor shall perform the services set forth on Exhibit A-2 at T&M Costs (the “T&M Services” and, together with the services set forth in Section 4.2, the “Services”). (d) Any T&M Services included in the Annual Operating Plan approved by Owner may be performed in accordance with the approved budget for such T&M Services set forth in such Annual Operating Plan. For minor T&M Services not included in the Annual Operating Plan, the T&M Cost of which is reasonably anticipated not to rise to the level of a Major Undertaking, O&M Contractor may proceed with the repairs in question without specific prior authorization from Owner and invoice Owner for the amount of such T&M Services; provided, however, that (i) O&M Contractor shall not continue performing such T&M Services without prior written approval from Owner once the cost of such T&M Services exceeds (or is reasonably expected to exceed) the level of a Major Undertaking; and (ii) O&M Contractor shall not perform the type of T&M 2 NTD: Parties to discuss spare parts inventory. Services authorized by this Section 4.4(d) once the aggregate cost of such T&M Services exceeds [Twenty Thousand Dollars ($20,000)] in any calendar year without prior written approval from Owner.