2023-03-14-minutes-solid-waste-and-maintenance

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Owner. ESCO shall make reasonable attempts to minimize disruptions to Owner operations. Efforts to accommodate this shall include night and weekend work. ESCO shall not commit or permit any act that will materially interfere with the performance of business activities conducted by the Owner or its employees, agents or contractors without prior written approval. The Owner shall not permit any act that will interfere with the ESCO'S ability to perform the work in a workmanlike manner. The Owner shall assign/designate a representative to be the point -of -contact for ESCO. The Owner hereby designates Patti Stacey as the representative (the "Representative"). The Representative shall have the necessary authorization to authorize ESCO to implement the work associated with this Contract. Responsibilities of the Representative shall include, but are not limited to, reviewing and approving the project schedule, design drawings and specifications, receipt and review and approval/disapproval of ESCO invoices, contract amendments and Certificates of Acceptance. SECTION 7. LOCATION AND ACCESS Subject to Section 6.2 (Coordination During Installation) and Section 18 (Property/Casualty/Insurance; Indemnification), the Owner shall provide sufficient space on the Premises for the installation and operation of the Equipment. ESCO is responsible for providing secure storage for the Equipment, tools and supplies in the space provided. The Owner shall provide reasonable access to the Premises for ESCO to perform any function related to this Contract during regular business hours, or such other reasonable hours as may be requested by ESCO and acceptable. The Owner shall not unreasonably restrict ESCO's access to Premises to make emergency repairs as ESCO may determine are needed. SECTION 8. PERFORMANCE BY ESCO ESCO shall perform all tasks/phases under the Contract, including construction, and shall install the Equipment in such a manner so as not to harm the structural integrity of the buildings or their operating systems and so as to conform to the standards set forth in Schedule H (Standards of Comfort) and the construction schedule specified in Schedule F (Construction and Installation Schedule). ESCO shall repair and restore to its original condition, as it existed immediately prior to damage, any area of damage caused by ESCO's performance under this Contract. The Owner reserves the right, but is not obligated, to review the work performed by ESCO, relative to accepted industry codes and standards, and to work with ESCO to take certain corrective action if, in the collective decision between the Owner and ESCO, the structural integrity of the Premises or its operating system is or will be harmed and is substantiated and quantifiable. ESCO shall remain responsible for the professional and technical accuracy of all services performed, whether by ESCO, or its subcontractors or others on its behalf, throughout the term of this Contract, and all such services shall meet, at a minimum, all applicable industry standards and codes. The Owner's or the Representative's approval of the project schedule, design drawings and specifications, ESCO invoices, contract amendments, Certificates of Acceptance, or other similar documents shall not constitute a waiver of any rights or claims which the Owner may have under this Contract including, without limitation, any claim for failure of such documents, or any part thereof, to comply with this Contract, applicable governmental requirements or for failure of such ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 9