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the Customer demanding that such failure be cured or, if cure cannot be
effected in thirty (30) days, the Customer fails to begin to cure and proceedto
completion thereof as quickly as is reasonably possible.
ESCO Contract — Nashua Schools & EEI, Inc.
thirty (30) days, ESCO fails to begin to cure and proceed to completion
thereof as quickly as is reasonably possible;
7. Obligations of the Parties
7.1 Qbligations of ESCO
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equipment installed if different from requirements furnished upon installation or
if changes in technology or procedures affecting the equipment could extend
the useful life of the equipment or increase the conservation efficiency,
2) An overview of new technology or additional conservation measures for
the Customer to consider.
ESCO Contract — Nashua Schools & EEI, Inc.
to honor the Performance Guarantee with respect to any portion of the Work in the event the
Customer: (i) fails to authorize a reacceptance test or recommissioning that ESCO
reasonably deems necessary in order to prevent a savings shortfall with respect to such
portion of the Work; (ii) fails to provide access to a site were such portion of the Work was
performed as required herein, (iii) fails to service and maintain all equipment associated with
such portion of the Work in accordance with the manufacturers’ recommendations in order
AND REPRESENTATIONS SET FORTH IN THIS CONTRACT MAY ONLY BE MODIFIED
OR SUPPLEMENTED IN A WRITING EXECUTED BY A DULY AUTHORIZED
SIGNATORY OF EACH PARTY.
6.2 Evaluation of Savings Achieved
6. Performance and Evaluation Subsequent to Work
6.1 Workmanship and Equipment Warranty
United States patent or copyright, if ESCO is promptly provided Notice and given authority,
information, and assistance in a timely manner for the defense of said suit or proceeding.
ESCO will pay the damages and costs awarded in any suit or proceeding so defended.
ESCO will not be responsible for any settlement of such suit or proceeding made without
its prior written consent. In case the Work, or any part thereof, as a result of any suit or
proceeding so defended is held to constitute infringement or its use by Customer is
5.15 Shutdown of Services
in the Work budget and added to the contingency line item or the Contract Price reduced by
that amount.
5.11 Utilities
The Customer shall provide and pay for water, heat, fuel and utilities consumed by ESCO or
in any additional equipmentthat may be used by ESCO during performance of the Work,
including, for example, generators. ESCO shall install and pay for any facilities or
modifications not already in existence that are necessary to access such water, heat, and
utilities during the Work.
5.12 Concealed or Unknown Conditions
