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

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or material alteration to the energy supply to the Premises, or (iii) any material alteration or modification in any energy-related equipment or its operation. Where the ESCO has been contacted and is not available and the Owner exercises due diligence in attempting to assess the existence of a malfunction, interruption, or alteration it shall be deemed not at fault in failing to correctly identify such conditions as having a material impact upon the Guaranteed Energy Savings. The Owner shall notify ESCO in writing within twenty- four (24) hours of actual knowledge of any emergency condition affecting the Equipment. ESCO, or its designee(s), shall respond within twenty-four (24) hours and shall promptly proceed with corrective measures. Any confirmed telephonic notice of such conditions shall be followed within three (3) business days by written or electronic notice to ESCO. If the Owner unreasonably delays in notifying ESCO of a malfunction or emergency, and the malfunction or emergency is not otherwise corrected or remedied, such conditions will be treated as a Material Change and the applicable provisions of Section 15 (Material Changes) shall be applied. ESCO will provide the Owner a written record of all service work performed. This record will indicate the reason for the service, description of the problem and the corrective action performed. Section 13.3. Actions by Owner. Except as set forth in Schedule J (the Owner's Maintenance Responsibilities), the Owner shall not move, remove, modify, alter, or change in any way the Equipment or any part thereof in a manner that will harm the energy efficiency of the Equipment, or the Equipment's sequence of operation, or harm its ability to comply with the Standards of Comfort without the prior written approval of ESCO, which shall not be unreasonably withheld, conditioned or delayed except as set forth in Section 10 (Standards of Comfort). Notwithstanding the foregoing, the Owner may take reasonable steps to protect the Equipment if, due to an emergency, it is not possible or reasonable to notify ESCO before taking any such actions. In the event of such an emergency, the Owner shall take reasonable steps to protect the Equipment from damage or injury and shall follow written instructions for emergency action provided in advance by ESCO. Owner agrees to maintain the Premises in good repair and to protect and preserve all portions thereof, which may in any way affect the operation or maintenance of the Equipment. In the event Owner fails or elects not to maintain, preserve or protect the Premises, the affect shall be that Projected Energy Savings may be used for that portion of the Premises adversely affected. SECTION 14. UPGRADING OR ALTERING THE EQUIPMENT ESCO shall at all times have the right, subject to the Owner's prior written approval, which approval shall not be unreasonably withheld, to change the Equipment, revise any procedures for the operation of the Equipment or implement other energy saving actions in the Premises, provided that: A. ESCO complies with the standards of comfort and services set forth in Schedule H (Standards of Comfort) herein; B. such modifications or additions to, or replacement of the Equipment, and any operational changes, or new Equipment, FIMs or procedures are necessary to enable ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 12