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

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must not have been previously sold, installed, demonstrated, or used in any manner (such as rentals, demonstrators or trial units). Equipment offered must be provided with a full, unadulterated, and undiminished new item warranty against defects in workmanship and materials. The warranty is to include replacement, repair, and any labor for the warranty period. ESCO further agrees: to deliver to the Owner for inspection and approval all such written warranties, which shall be attached and set forth as Exhibit III (Equipment Warranties); to transfer warranties to the Owner; to assist the Owner to pursue the Owner's rights and remedies against the manufacturer of the Equipment under the warranties in the event of equipment malfunction or improper or defective function, and defects in parts, workmanship and performance; and to notify the Owner whenever defects in equipment parts or performance occur or when warranty rights and remedies are recommended by ESCO. Owner's recourse for equipment warranty issues will be through the manufacturer that issued the warranty. ESCO warranty: ESCO warrants that its Work shall be free from defects in workmanship arising from normal usage for a period of one year from the date of Owner's beneficial use, or date of Substantial Completion, whichever is earlier. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. SECTION 12. TRAINING BY ESCO ESCO shall conduct the training program described in Schedule K (ESCO's Training Responsibilities). ESCO shall provide additional ongoing training when requested by Owner with respect to updated or altered Equipment, including upgraded software, and including newly hired personnel. The cost of additional training shall be borne by the Owner. SECTION 13. EQUIPMENT SERVICE Section 13.1. Actions by ESCO. ESCO shall provide all pre -Acceptance repairs to the Equipment installed under terms of this Contract pursuant to Schedule I (ESCO's Maintenance Responsibilities). ESCO shall provide service and adjustments to the Equipment installed under the terms of this Contract through the date of Commissioning of a specific Group of work. The Owner shall incur no cost above the GMIC for Equipment service, repairs, and adjustments for equipment and services on Schedule I, provided, however, that when the need for maintenance or repairs arises due to vandalism, acts of God or to the negligence or willful misconduct of the Owner or any employee or other agent of the Owner, ESCO may charge for the actual cost of the maintenance or repair insofar as such cost is not covered by any warranty or insurance proceeds. The Owner shall bear all maintenance responsibility for equipment and/or components of a system that were not installed, replaced or refurbished by the ESCO. Section 13.2. Malfunctions and Emergencies. The Owner shall notify ESCO or its designee(s) in writing within twenty-four (24) hours after actual knowledge of the occurrence of: (i) any malfunction in the operation of the Equipment or any preexisting energy related equipment that might materially impact upon the Guaranteed Energy Savings, (ii) any prolonged interruption ESCO (McKinstry)/O WNER/PERFORMANCE CONTRACT 11