which must be consistent with any corresponding dates identified in the unless the Customer EAA agrees otherwise. 3.3A The ESCO must complete the on or before the EPC Solutions works contractual completion date. The ESCO acknowledges and agrees that at all times during this Due care and skill: Agreement it shall be under an obligation to: design the with due care, skill and diligence and in accordance with EPC Solutions good industry practice; conduct the with due care, skill and diligence and in accordance with EPC Solutions works good industry practice; take care of property and persons; and use workmanship of a standard consistent with and which is fit for good industry practice its purpose. EPC Solutions works: Following the receipt of instructions from the Customer under Clause 3.2 or approval under Clause 4, the ESCO must undertake the and any additional EPC Solutions works (as the case may be) at the in accordance with the relevant EPC Solutions works premises by the works specification, contractual completion date. During the the ESCO shall: delivery period, give the Customer reasonable prior notice of its requirements for access and storage; comply with all applicable occupational health and safety legislation and safety rules and all reasonable instructions of the Customer; meet regularly with the Customer to provide progress reports on the installation procedure; not, without first obtaining the consent of the Customer, cause or permit any act which may unreasonably interfere with the use of the or the premises core business; assume full responsibility for the care of the until completion; EPC Solutions do all things necessary to protect all people from death or injury caused by the ESCO, its employees, agents or contractors, protect all property from loss or damage and promptly make good any damage to any property including that of the Customer or third parties arising from or in connection with the EPC Solutions works; not allow the delivery of any plant, material or other things before they are reasonably required in connection with the caused by the EPC Solutions works ESCO, its employees, agents or contractors; and ensure that utility services to or from the are not disconnected or premises disrupted at any time without the Customer’s consent and are promptly reinstated. The ESCO must, and must ensure that each of its employees, agents and subcontractors, at all times comply with any policies and practices of the Customer relating to safety, identification and interruptions to the The Customer must provide its core business.
which must be consistent with any corresponding dates identified in the EAA unless the Customer agrees otherwise. 3.3A The ESCO must complete the EPC Solutions works on or before the contractual completion date. Due care and skill: The ESCO acknowledges and agrees that at all times during this Agreement it shall be under an obligation to: design the EPC Solutions with due care, skill and diligence and in accordance with good industry practice; conduct the EPC Solutions works with due care, skill and diligence and in accordance with good industry practice; take care of property and persons; and use workmanship of a standard consistent with good industry practice and which is fit for its purpose. EPC Solutions works: Following the receipt of instructions from the Customer under Clause 3.2 or approval under Clause 4, the ESCO must undertake the EPC Solutions works and any additional EPC Solutions works (as the case may be) at the premises in accordance with the relevant works specification, by the contractual completion date. During the delivery period, the ESCO shall: give the Customer reasonable prior notice of its requirements for access and storage; comply with all applicable occupational health and safety legislation and safety rules and all reasonable instructions of the Customer; meet regularly with the Customer to provide progress reports on the installation procedure; not, without first obtaining the consent of the Customer, cause or permit any act which may unreasonably interfere with the use of the premises or the core business; assume full responsibility for the care of the EPC Solutions until completion; do all things necessary to protect all people from death or injury caused by the ESCO, its employees, agents or contractors, protect all property from loss or damage and promptly make good any damage to any property including that of the Customer or third parties arising from or in connection with the EPC Solutions works; not allow the delivery of any plant, material or other things before they are reasonably required in connection with the EPC Solutions works caused by the ESCO, its employees, agents or contractors; and ensure that utility services to or from the premises are not disconnected or disrupted at any time without the Customer’s consent and are promptly reinstated. The ESCO must, and must ensure that each of its employees, agents and subcontractors, at all times comply with any policies and practices of the Customer relating to safety, identification and interruptions to the core business. The Customer must provide its
Standard%20Energy%20Performance%20Contract%20-%20NZ%20May%202014.docx