5.4 Relationship with Maintenance Staff
ESCO shall cooperate with Customer’s operating and maintenance personnel, train said
coordinate the Work on a planned and programmed basis including the specific actions
described in Attachment 2 - Maintenance and Service Agreement. ESCO shall deliver a
preventive maintenance schedule and procedures for any equipment installed as part of the
Work.
5.5 Material and EquipmentInstalled
The Customer shall make the final determination whether any material or equipment
installed is as specified in the Scope of Work or, if appropriate, ESCO’s Response to the
RFP, which is incorporated in this Contract by Section 9.14 below. No substitution of any
material or equipment specified shall be made without the written consent of the Customer
in the form of a revision to the Scope of Work, and any such substitution shall be at least
equal in quality, finish, durability, serviceability and performance for the purpose intended.
If alternative material or equipment is proposed, ESCO must update any and all software
associated with the ECMs/OCMs, the Work or the measurement of savings. Customer
reserves the right to reject all non-conforming goods and services and to direct ESCO to
replace or credit the Customer, at Customer's election. Failure by Customer to discover
latent defects or concealed damage or non-conformance shall not foreclose Customer's
right to subsequently reject the goods or services delivered pursuant to this Contract.
Formal or informal acceptance by the Customer of non-conforming goods or services shall
not constitute a precedent or waiver with respect to successive receipts of goods and
services. If ESCO fails to promptly cure the defect or replace nonconforming goods or
services, the Customer reserves the right to cancel the Contract, contract with a different
entity for the goods and services to be provided herein and to invoice ESCO for any
differential in price.
ESCO shall install and, when applicable, operate and maintain, or, if specified in the Scope
of Work, train Customer personnel to operate and maintain equipment in a manner that will
provide standards of service to meet requirements of Section 5.02 and equipment
manufacturers’ literature, specifications and instructions. ESCO will service and maintain the
ECMs/OCMs described in Attachment 2 - Maintenance and Service Agreement and
Customer shall pay ESCO for such services during the term of this Contract as provided in
Attachment 3 - Project Cost. Except for ECMs/OCMs or other equipment that is to be
serviced and maintained by ESCO as provided in Attachment 2 - Maintenance and Service
Agreement, Customer shall be responsible for servicing and maintaining equipment at the
Premises. ESCO shall prepare and furnish at least three (3) maintenance manuals that
include product data and which are subject to acceptance by the Customer for all equipment
installations at the Premises.
5.6 Asbestos and Hazardous Materials
ESCO will be responsible for proper disposal of construction demolition debris that does not
contain Hazardous Materials, as defined herein. ESCO will be responsible for proper
disposal of all ballasts containing or suspected of containing PCBs and fluorescentlamps
containing mercury. ESCO must prepare and document disposal appropriate transportation
12 ESCO Contract — Nashua Schools & EEI, Inc.
