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

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documents, or any part thereof, to conform with any other part of the documents, any of which failure shall be corrected by ESCO. SECTION 9. CONSTRUCTION SCHEDULE AND EQUIPMENT INSTALLATION; APPROVAL Section 9.1. Construction Schedule. Construction and equipment installation shall proceed in accordance with the construction schedule approved by the Owner and attached hereto as Schedule F (Construction and Installation Schedule). Section 9.2. Systems Startup and Equipment Commissioning. ESCO shall conduct a thorough and systematic performance test of the installed Equipment in accordance with the procedures to be provided during the construction period as noted in Schedule G (Systems Start - Up and Commissioning) and prior to final acceptance by the Owner. ESCO shall be responsible for correcting and/or adjusting all deficiencies in systems and Equipment operations in a timely manner during system commissioning procedures. Section 9.3. Inspection and Final Approval. The Owner has the right to inspect, test and approve the work conducted in the Premises during construction and operation. The Owner shall have the right to review and access to the account books, records, and other compilations of data that pertain to the performance of the provisions and requirements of this Contract. Records shall be kept on a generally recognized accounting basis, and calculations will be kept on file in legible form and retained for three (3) years after the expiration of the term of this Contract and any renewals relevant thereto. SECTION 10. STANDARDS OF COMFORT The standards set forth in Schedule H (Standards of Comfort) are guidelines used to evaluate the FIMs in this program. It is understood that existing and installed equipment may not allow for exact times and temperatures to be met, but every effort will be made to meet such standards as the Guaranteed Maximum Implementation Cost, equipment and project design allow. The Owner also retains the right to make further control and schedule adjustments beyond the standards listed in Schedule H, only in an effort to provide further energy savings. In the case where this produces a Material Change per section 15, the Owner will inform the ESCO in writing of the specific changes and/or adjustments, wherein the ESCO will adjust the baseline and Energy Savings Guarantee, as necessary. All costs associated with the changes and/or adjustments are the sole responsibility of the Owner. SECTION 11. WARRANTIES AND COMPATIBILITY Manufacturer's Warranties: ESCO covenants and agrees that the Equipment, installed pursuant to this Contract is or will be new, in good and proper working condition, and covered by applicable manufacturers' warranties covering all parts and equipment performance. Demonstrators, previously rented, refurbished, or reconditioned items are not considered "new" except as specifically provided in this section. "New" means items that have not been used previously and that are being actively marketed by the manufacturer. Equipment may contain new or minimal amounts of recycled or recovered parts that have been reprocessed to meet the manufacturer's new product standards. Equipment must have the Owner as its first customer and ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 10