Common use of Upgrade or Alteration of Equipment Clause in Contracts

Upgrade or Alteration of Equipment. QESP shall at all times have the right, subject to Department’s prior written approval, which approval shall not be unreasonably withheld, to change the Equipment, revise any procedures for the operation of the Equipment or implement other ESMs in the Project Site(s), provided that: (i) the QESP complies with the standards of comfort and services set forth in Schedule U (Standards of Comfort); (ii) such modifications or additions to, or replacement of the Equipment, and any operational changes, or new procedures are necessary to enable the QESP to achieve the Energy Cost Savings Guarantee at the Project Site(s) and; (iii) any cost incurred relative to such modifications, additions or replacement of the Equipment, or operational changes or new procedures shall be the responsibility of the QESP. All modifications, additions or replacements of the Equipment or revisions to operating or other procedures shall be described in a supplemental schedule(s) to be provided to the Department for approval, which shall not be unreasonably withheld, provided that any replacement of the Equipment shall, unless otherwise agreed, be new Equipment and have equal or better potential to reduce energy consumption at the Project Site(s) than the Equipment being replaced. The QESP shall have the right to update any and all software to be used in connection with the Equipment in accordance with the provisions of Section 17.1 (Ownership of Certain Proprietary Rights) and Schedule BB (QESP’s Maintenance Responsibilities). All replacements of and alterations or additions to the Equipment shall become part the Equipment described in Schedule R (Equipment to be Installed by QESP) and shall be covered by the provisions and terms of Article 8 (Construction Schedule and Equipment Installation; Approval).

Upgrade or Alteration of Equipment. QESP A. Contractor shall at all times have the right, subject to Department’s Agency's prior written approval, which approval shall not be unreasonably withheld, to change the Equipment, revise any procedures for the operation of the Equipment or implement other ESMs energy saving actions in the Project Site(s), provided that: : (i) the QESP Contractor complies with the standards of comfort and services set forth in Schedule U (Standards of Comfort)) herein; (ii) such modifications or additions to, or replacement of the Equipment, and any operational changes, or new procedures are necessary to enable the QESP Contractor to achieve the Energy Cost Savings Guarantee guaranteed energy and cost savings at the Project Site(s) and; (iii) any cost incurred relative to such modifications, additions or replacement of the Equipment, or operational changes or new procedures shall be the responsibility of the QESP. Contractor. B. All modifications, additions or replacements of the Equipment or revisions to operating or other procedures shall be described in a supplemental schedule(sSchedule(s) to be provided to the Department Agency for approval, which shall not be unreasonably withheld, provided that any replacement of the Equipment shall, unless otherwise agreed, be new Equipment and have equal or better potential to reduce energy consumption at the Project Site(s) than the Equipment being replaced. The QESP Contractor shall have the right to update any and all software to be used in connection with the Equipment in accordance with the provisions of Section 17.1 41 (Ownership of Certain Proprietary Rights) and Schedule BB (QESPContractor’s Maintenance Responsibilities). All replacements of and alterations or additions to the Equipment shall become part the Equipment described in Schedule R (Equipment to be Installed by QESPContractor) and shall be covered by the provisions and terms of Article 8 Section 16 (Construction Schedule and Schedule; Equipment Installation; Approval).

Upgrade or Alteration of Equipment. QESP A. Contractor shall at all times have the right, subject to Department’s Agency's prior written approval, which approval shall not be unreasonably withheld, to change the Equipment, revise any procedures for the operation of the Equipment or implement other ESMs energy saving actions in the Project Site(s), provided that: : (i) the QESP Contractor complies with the standards of comfort and services set forth in Schedule U (Standards of Comfort)) herein; (ii) such modifications or additions to, or replacement of the Equipment, and any operational changes, or new procedures are necessary to enable the QESP Contractor to achieve the Energy Cost Savings Guarantee guaranteed energy and cost savings at the Project Site(s) and; (iii) any cost incurred relative to such modifications, additions or replacement of the Equipment, or operational changes or new procedures shall be the responsibility of the QESP. Contractor. B. All modifications, additions or replacements of the Equipment or revisions to operating or other procedures shall be described in a supplemental schedule(sSchedule(s) to be provided to the Department Agency for approval, which shall not be unreasonably withheld, provided that any replacement of the Equipment shall, unless otherwise agreed, be new Equipment and have equal or better potential to reduce energy consumption at the Project Site(s) than the Equipment being replaced. The QESP shall have the right to update any and all software to be used in connection with the Equipment in accordance with the provisions of Section 17.1 (Ownership of Certain Proprietary Rights) and Schedule BB (QESP’s Maintenance Responsibilities). All replacements of and alterations or additions to the Equipment shall become part the Equipment described in Schedule R (Equipment to be Installed by QESPContractor) and shall be covered by the provisions and terms of Article 8 Section 16 (Construction Schedule and Equipment Installation; Approval).