Laserfiche WebLink
Section 19.2. Ownership of Existing Equipment. Any equipment and materials removed <br />from the Premises as a result of this Contract shall become the property of the ESCO unless the <br />Owner specifically requests to retain ownership of specific equipment and materials. Such <br />requests shall be made by Owner in writing prior to the execution of this Contract. It is understood <br />and agreed to by both Parties that Owner shall be responsible for and designate the storage location <br />for any equipment and materials that should not be disposed of off-site. ESCO shall be responsible <br />for the disposal of all non -hazardous equipment and materials related to the work designated as <br />disposable off-site in accordance with all applicable laws and regulations regarding such disposal. <br />Section 19.3 Ownership of Equipment. Title to Equipment installed under this Contract <br />shall pass to the Owner upon installation and when full payment is received for such Equipment. <br />SECTION 20. EVENTS OF DEFAULT <br />Section 20.1. Events of Default by the Owner. Each of the following events or conditions <br />shall constitute an "Event of Default" by the Owner: <br />A. any failure by the Owner to pay ESCO any sum due for service and <br />maintenance within thirty (30) days of written notification by ESCO that the Owner is <br />delinquent in making payment and provided that Owner has not declared ESCO in default <br />in its performance under the terms of this Contract; <br />B. any other material failure by Owner to perform or comply with the terms <br />and conditions of this Contract, including breach of any covenant contained herein, <br />provided that such failure continues for thirty (30) days after notice demanding that such <br />failures to perform be cured or if such cure cannot be effected in thirty (30) days, the <br />Owner, shall be deemed to have cured default upon the commencement of a cure within <br />thirty (30) days and diligent subsequent completion thereof, or <br />C. any representation or warranty furnished by the Owner in this Contract, <br />which was false or misleading in any material respect when made. <br />D. If the Owner, through no fault of ESCO, causes either the professional <br />service phases (design, construction management, etc.) or the installation phase to be <br />unreasonably delayed, slowed, or encumbered, for reasons other than set out in Section 22, <br />(i.e., unplanned renovation work, unplanned modernization work, etc.), and such cause is <br />not remedied within ten (10) days after written notice from ESCO, ESCO shall be granted <br />additional time to complete the project, and ESCO and the Owner shall negotiate additional <br />fees, as appropriate, or ESCO may terminate this Contract upon completion of any and all <br />phases work that are in progress at the time of the written notice from ESCO. <br />Section 20.2. Events of Default by ESCO. Each of the following events or conditions <br />shall constitute an "Event of Default" by ESCO: <br />A. the standards of comfort and service set forth in Schedule H (Standards of <br />Comfort) are not provided due to failure of ESCO to properly design, install, maintain, <br />repair or adjust the Equipment except that such failure, if corrected or cured within thirty <br />ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 19 <br />