Common use of STANDARDS OF COMFORT Clause in Contracts

STANDARDS OF COMFORT. CONTRACTOR shall perform the Services in a manner that shall provide the standards of heating, cooling, hot water, lighting and other systems as set forth in the BOD (Standards of Comfort). Unless otherwise specified in the BOD, the Standards of Comfort shall include the provision of heat of neither less than 55 degrees Fahrenheit nor more than 75 degrees Fahrenheit. If at any time during the Contract Term the Standards of Comfort are not being met by the New Equipment/Systems, CONTRACTOR shall commence the correction of such deficiencies within seven (7) days of receipt of DCAMM’s written request to do so and shall complete the correction work within thirty (30) days from the date of receipt of such notice, unless it is an emergency under Section 29.4: Emergency, in which case the terms of Section 29.4: Emergency shall control. If changes in the operation of the New Equipment/Systems are warranted to achieve the required Standards of Comfort then adjustments shall be reflected in the M&V calculations set forth in the M&V plan developed in accordance with Section 21.3: Design Deliverables and Submittals. Failure to make the corrections required to achieve the Standards of Comfort or give written notice to DCAMM regarding the cause of the deficiencies in accordance with the time provided herein may constitute an event of default hereunder. To the extent that CONTRACTOR claims that such change in the Standards of Comfort is the result of the acts or omissions of DCAMM or other third party beyond CONTRACTOR’s reasonable control, CONTRACTOR shall give written notice to DCAMM within the seven (7) days provided above. Disputes related to deviations from the required Standards of Comfort shall be resolved in accordance with Section 52: Dispute Resolution of the Contract.

Appears in 2 contracts

Samples: Energy Services Agreement, Energy Services Agreement

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STANDARDS OF COMFORT. CONTRACTOR shall perform the Services in a manner that shall provide the standards of heating, cooling, hot water, lighting and other systems as set forth in the BOD (Standards of Comfort). Unless otherwise specified in the BOD, the Standards of Comfort shall include the provision of heat of neither less than 55 degrees Fahrenheit nor more than 75 degrees FahrenheitDesign. If at any time during the Contract Term the Standards such standards of Comfort comfort are not being met by the New Equipment/Systems, CONTRACTOR shall commence the correction of such deficiencies within seven (7) days of receipt of DCAMM’s written request to do so and shall complete the correction work within thirty (30) days from the date of receipt of such notice, unless it is an emergency under Section 29.431.4: Emergency, in which case the terms of Section 29.431.4: Emergency shall control. If changes in the operation of the New Equipment/Systems are warranted to achieve the required Standards standards of Comfort comfort then adjustments shall be reflected in the M&V calculations set forth in the M&V plan developed in accordance with Section 21.322.2: Design Deliverables and Submittals. Failure to make the corrections required to achieve the Standards standards of Comfort comfort or give written notice to DCAMM regarding the cause of the deficiencies in accordance with the time provided herein may constitute an event a “Material Event of default hereunderDefault by CONTRACTOR” pursuant to Section 50: Default. To the extent that CONTRACTOR claims that such change in the Standards standards of Comfort comfort is the result of the acts or omissions of DCAMM or other third party beyond the CONTRACTOR’s reasonable control, CONTRACTOR shall give written notice to DCAMM within the seven (7) days provided above. Disputes related to deviations from the required Standards standards of Comfort comfort shall be resolved in accordance with Section 52: Dispute Resolution of the Contract.

Appears in 2 contracts

Samples: Energy Services Agreement, Energy Services Agreement

STANDARDS OF COMFORT. CONTRACTOR shall perform the Services in a manner that shall provide the standards of heating, cooling, hot water, lighting and other systems as set forth in the BOD (Standards of Comfort). Unless otherwise specified in the BOD, the Standards of Comfort shall include the provision of heat of neither less than 55 degrees Fahrenheit nor more than 75 degrees Fahrenheit. If at any time during the Contract Term the Standards of Comfort are not being met by the New Equipment/Systems, CONTRACTOR shall commence the correction of such deficiencies within seven (7) days of receipt of DCAMM’s written request to do so and shall complete the correction work within thirty (30) days from the date of receipt of such notice, unless it is an emergency under Section 29.4: Emergency, in which case the terms of Section 29.4: Emergency shall control. If changes in the operation of the New Equipment/Systems are warranted to achieve the required Standards of Comfort then adjustments shall be reflected in the M&V calculations set forth in the M&V plan developed in accordance with Section 21.3: Design Deliverables and Submittals. Failure to make the corrections required to achieve the Standards of Comfort or give written notice to DCAMM regarding the cause of the deficiencies in accordance with the time provided herein may constitute an event of default hereunderunder Section 51: Termination. To the extent that CONTRACTOR claims that such change in the Standards of Comfort is the result of the acts or omissions of DCAMM or other third party beyond CONTRACTOR’s reasonable control, CONTRACTOR shall give written notice to DCAMM within the seven (7) days provided above. Disputes related to deviations from the required Standards of Comfort shall be resolved in accordance with Section 52: Dispute Resolution of the Contract.

Appears in 1 contract

Samples: Energy Services Agreement

STANDARDS OF COMFORT. CONTRACTOR shall perform the Services in a manner that shall provide the standards of heating, cooling, hot water, lighting and other systems as set forth in the BOD (Standards of Comfort). Unless otherwise specified in the BOD, the Standards of Comfort shall include the provision of heat of neither less than 55 degrees Fahrenheit nor more than 75 degrees FahrenheitDesign. If at any time during the Contract Term the Standards such standards of Comfort comfort are not being met by the New Equipment/Systems, CONTRACTOR shall commence the correction of such deficiencies within seven (7) days of receipt of DCAMM’s written request to do so and shall complete the correction work within thirty (30) days from the date of receipt of such notice, unless it is an emergency under Section 29.431.4: Emergency, in which case the terms of Section 29.431.4: Emergency shall control. If changes in the operation of the New Equipment/Systems are warranted to achieve the required Standards standards of Comfort comfort then adjustments shall be reflected in the M&V calculations set forth in the M&V plan developed in accordance with Section 21.322.2: Design Deliverables and Submittals. Failure to make the corrections required to achieve the Standards standards of Comfort comfort or give written notice to DCAMM regarding the cause of the deficiencies in accordance with the time provided herein may constitute an event of a default hereunderby CONTRACTOR under Section 51: Termination. To the extent that CONTRACTOR claims that such change in the Standards standards of Comfort comfort is the result of the acts or omissions of DCAMM or other third party beyond the CONTRACTOR’s reasonable control, CONTRACTOR shall give written notice to DCAMM within the seven (7) days provided above. Disputes related to deviations from the required Standards standards of Comfort comfort shall be resolved in accordance with Section 52: Dispute Resolution of the Contract.

Appears in 1 contract

Samples: Energy Services Agreement

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STANDARDS OF COMFORT. CONTRACTOR shall perform the Services in a manner that shall provide the standards of heating, cooling, hot water, lighting and other systems as set forth in the BOD (Standards of Comfort). Unless otherwise specified in the BOD, the Standards of Comfort shall include the provision of heat of neither not less than 55 degrees Fahrenheit nor more than 75 degrees Fahrenheit. If at any time during the Contract Term the Standards of Comfort are not being met by the New Equipment/Systems, CONTRACTOR shall commence the correction of such deficiencies within seven (7) calendar days of receipt of DCAMMCUSTOMER’s written request to do so and shall complete the correction work within thirty (30) calendar days from the date of receipt of such notice, unless it is an emergency under Section 29.4: Emergency16.4, in which case the terms of Section 29.4: Emergency Section16.4 shall control. If changes in the operation of the New Equipment/Systems are warranted to achieve the required Standards of Comfort then adjustments shall be reflected in the M&V calculations set forth in the M&V plan developed in accordance with Section 21.3Schedule B-5: Design Deliverables and Submittals. Commissioning/M&V. Failure to make the corrections required to achieve the Standards of Comfort or give written notice to DCAMM CUSTOMER regarding the cause of the deficiencies in accordance with the time provided herein may constitute an event of default hereunder. To the extent that CONTRACTOR claims that such change in the Standards of Comfort is the result of the acts or omissions of DCAMM CUSTOMER or other third party beyond CONTRACTOR’s reasonable controlparty, CONTRACTOR shall give written notice to DCAMM CUSTOMER within the seven (7) calendar days provided above. Disputes related to deviations from the required Standards of Comfort shall be resolved in accordance with Section 52: Dispute Resolution 43 of the Contract.

Appears in 1 contract

Samples: Energy Services Agreement

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