Laserfiche WebLink
(30) days after written notice to ESCO demanding that such failure be cured, shall be <br />deemed cured for purposes of this Contract; <br />B. any representation or warranty furnished by ESCO in this Contract is false <br />or misleading in any material respect when made; <br />C. unexcused failure to furnish and install the Equipment and make it ready for <br />use within the time specified by this Contract as set forth in Schedules A (General <br />Description of Project Scope) and F (Construction and Installation Schedule); <br />D. provided that the operation of the facility is not adversely affected and <br />provided that the standards of comfort in Schedule H (Standards of Comfort) are <br />maintained, any failure by ESCO to perform or comply with the terms and conditions of <br />this Contract, including breach of any covenant contained herein except that such failure, <br />if corrected or cured within thirty (30) days after written notice by the Owner to ESCO <br />demanding that such failure to perform be cured, shall be deemed cured for purposes of <br />this Contract, or if such cure cannot be effected in thirty (30) days, ESCO shall be deemed <br />to have cured the default upon the commencement of a cure within thirty (30) days and <br />diligent subsequent completion thereof, <br />E. the filing of a bankruptcy petition whether by ESCO or its creditors against <br />ESCO which proceeding shall not have been dismissed within ninety (90) days of its filing, <br />or an involuntary assignment for the benefit of all creditors or the liquidation of ESCO; <br />F. Any change in ownership or control of ESCO in which the transferee will <br />not accept all rights and obligations under this Contract, unless modified and approved by <br />the parties; or <br />H. Failure by ESCO to pay any material amount due the Owner or perform any <br />material obligation under the terms of this Contract or the Energy Savings Guarantee as set <br />forth in Schedule B, except that such failure, if corrected or cured within ninety (90) days <br />after written notice to ESCO demanding that such failure to perform be cured, shall be <br />deemed cured for purposes of this Contract, or if such cure, other than failure to pay the <br />full amount owed, cannot be effected in ninety (90) days, ESCO shall be deemed to have <br />cured the default upon the commencement of a cure within ninety (90) days and diligent <br />subsequent completion thereof. <br />SECTION 21. REMEDIES UPON DEFAULT <br />Section 21.1. Remedies upon Default by the Owner. In the Event of Default by the <br />Owner, ESCO may exercise any and all remedies at law or in equity, including, without limitation, <br />seeking specific performance, and/or for the recovery of amounts due and unpaid, and/or for <br />damages which shall include all costs and expenses reasonably incurred, including attorneys' fees. <br />Election of one (1) remedy is not a waiver of other available remedies. <br />Section 21.2. Remedies upon Default by ESCO. In the Event of Default by ESCO, the <br />Owner may exercise any and all remedies at law or in equity, including, without limitation, seeking <br />specific performance, and/or for the recovery of amounts due and unpaid and/or for damages, <br />ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 20 <br />