R2013-62 AUTHORIZING EXECUTION OF ENERGY AND WATER EFFICIENCY SERVICES AGREEMENT

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the CITY has given the COMPANY a written waiver of the specific fault or defect. Notice may be given by telephone in the event of an emergency situation. The COMPANY shall bear all costs of replacing or correcting such faulty, defective or nonconforming Work. (b) The COMPANY shall, at its own expense, remove from the Premises all portions of defective and nonconforming Work which COMPANY is obligated to replace or correct under this paragraph 8.2 unless removal has been waived in writing by the CITY. (c) If the COMPANY fails to correct faulty, defective or nonconforming Work as provided in this Section within forty-eight (48) hours after notice, in the case of emergency conditions, or within ten (10) business days in other cases after the COMPANY's receipt of written notice from the CITY of such faulty, defective or nonconforming Work, the CITY may correct such Work at the COMPANY's expense including costs incurred due to the removal of faulty, defective or non-conforming and removal and storage of equipment or materials left at the Premises by the COMPANY. (d) If the COMPANY does not pay the cost incurred by the CITY for such repair, removal and storage within thirty (30) days of written demand therefor, the CITY may upon ten (10) additional days' written notice, sell any material and equipment not removed by the COMPANY at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the COMPANY. If such proceeds of sale do not cover all costs which the COMPANY should have borne, the difference shall be charged to the COMPANY. If the payments then or thereafter due the COMPANY are not sufficient to cover such amount, the COMPANY shall pay the difference to the CITY. (e) The COMPANY shall bear the cost of repairing or replacing all Work of other companies destroyed or damaged as a direct result of such removal or correction. (f) Nothing contained in this Section shall be construed to establish a period of limitation with respect to any other obligation which the COMPANY might have under the Project Documents. The establishment of the time period set forth in paragraph 8.2(a) above, relates only to the specific obligation of the COMPANY to correct the Work and has no relationship to the time within which its obligation to comply with the Project Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the COMPANY's liability with respect to its obligations other than to specifically correct the Work. Notwithstanding the provisions of this paragraph 8.2, the COMPANY shall, on demand made by the CITY, at any time within the seventeen (17) year period following Acceptance, promptly repair or replace all defective or non-conforming Work resulting from fraudulent misrepresentation, fraudulent concealment or willful misconduct by the COMPANY or its subcontractors in the performance of the Work. 8.3 Location and Access. The CITY shall provide sufficient space at the Premises for the installation and operation of the EMs for the term of this Agreement, including access to office space with a telephone line, if necessary to allow the COMPANY to perform required monitoring and training services. The CITY shall provide access to the Premises for the COMPANY and its employees or subcontractors to install, adjust, inspect, maintain and repair the EMs in accordance with the terms of this Agreement during regular business hours, or such other reasonable hours as may be requested by the COMPANY and acceptable to the CITY. The COMPANY's access to correct any emergency condition shall not be restricted by the CITY. 8.4 Company Monitoring Responsibilities for EMs. The COMPANY shall be responsible for providing monitoring to the EMs as set forth in Schedule F. All replacements of 10