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Section 25.2 1. Officials, Agents and Employees of the Parties Not Personally Liable. It is <br />agreed by and between the parties hereto that in no event shall any official, officer, employee or <br />agent of Owner or ESCO, be in any way personally liable or responsible for any covenant or <br />agreement contained in this Contract whether express or implied, nor for any statement, <br />representation or warranty made herein or in any way connected with this Contract. <br />Section 25.22. Drafting Not to be Construed Against any Party. All parties acknowledge <br />and agree that each has had a full opportunity to review and have input into this Contract and that <br />any ambiguity found shall not be construed against any party as drafter. Reference to "year" shall <br />mean calendar year unless a fiscal year is specified. If a fiscal year is specified that year is July 1 <br />through the following June 30. Reference to the "Premises" shall include, as applicable and when <br />required, only a part of the Premises involved or affected. <br />Section 25.23. Signature in Counterparts. This Contract may be executed in counterparts, <br />each of which when so executed shall be deemed an original and all of which taken together shall <br />constitute one and the same agreement. <br />Section 25.24. Project Implementation and "Notice to Proceed" Pending Funding This <br />Agreement is expressly conditional upon funding. In the event the funding mechanism is <br />implemented, and project funding is in place and ready for expenditure, then a formal written <br />"Notice to Proceed," signed by the Owner's representative shall be issued to the ESCO, which, <br />upon receipt, shall activate all terms and conditions of this contract. <br />Section 25.25. Design Process. The ESCO shall be responsible for the development of the <br />design documents to meet the identified scope of work and all applicable codes. The level of detail <br />of the design drawings and specifications must be such to satisfy all permitting and code approvals <br />and to adequately perform the work, as determined by the ESCO. The ESCO shall coordinate <br />with the Owner to allow design review prior to installation of Equipment. Should the Owner direct <br />changes to the scope of work, the project schedule and GMIC will be adjusted accordingly <br />including professional services fees as outlined in Schedule C of this Contract. <br />IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto subscribe <br />their names to this Contract by their duly authorized officers on the date first above written. <br />MCKINSTRY ESSENTION, LLC <br />Printed Name: Dale Silha <br />Title: _Vice President <br />Date: <br />OWNER <br />By: <br />Printed Name <br />i <br />Title: <br />Date: 1 ? <br />I <br />ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 26 <br />