(iii) If the Agency/company decides to use: - any such Plant, Temporary Works, temporary buildings, structures, tools, goods, equipment (whether installed or not) and unfixed materials left upon the Premises pursuant to Clause 32.1; or - any works already performed by the ESCO; for the purpose of completing the Works or Services, the Agency/company shall give credit to the ESCO for the actual cost (without any mark-ups) of such items or works, which actual cost the Agency/company may set off against any damages, loss, costs or expense owed by the ESCO to the Agency/company which has or may be suffered or incurred by the Agency/company as a result of the termination. and (iv) where necessary, the ESCO shall take all steps to pass to the Agency/company, without any encumbrances whatsoever, ownership and possession of any such Plant, equipment or other item required by the Agency/company for this purpose. (c) the Agency/company shall have a lien over all Plant, Temporary Works, temporary buildings, structures, tools, goods, equipment (whether installed or not) and unfixed materials left upon the Premises pursuant to Clause 32.1 and may sell any of the same and apply the proceeds of sale in or towards the satisfaction of any sums due or becoming due to him from the ESCO under the Contract; and (d) the Agency/company be entitled to recover from the ESCO any damages, loss, costs and expenses which the Agency/company may sustain or incur arising from or as a result of the termination. 32.3 [Not used] 32.3A Provisions applicable to Clause 32.2 (1) For the avoidance of doubt the damages referred to in Clause 32.2 may also include (without limitation): a) the loss to the Agency/company of the Annual Guaranteed Savings for the duration of the Term; b) the rectification or costs and expenses incurred or required to maintain the standards of comfort and quality assurance expected under the Contract including under and Clause 6.5 Schedule G (Standards of Comfort and Quality Assurance). (2) No credit shall be given to the ESCO for any costs incurred under Clause 32.2(1)(b)(iii) unless the ESCO is able to prove to the Agency/company’s satisfaction that the cost has been actually and reasonably incurred.
(iii) If the Agency/company decides to use: - any such Plant, Temporary Works, temporary buildings, structures, tools, goods, equipment (whether installed or not) and unfixed materials left upon the Premises pursuant to Clause 32.1; or - any works already performed by the ESCO; for the purpose of completing the Works or Services, the Agency/company shall give credit to the ESCO for the actual cost (without any mark-ups) of such items or works, which actual cost the Agency/company may set off against any damages, loss, costs or expense owed by the ESCO to the Agency/company which has or may be suffered or incurred by the Agency/company as a result of the termination. and (iv) where necessary, the ESCO shall take all steps to pass to the Agency/company, without any encumbrances whatsoever, ownership and possession of any such Plant, equipment or other item required by the Agency/company for this purpose. (c) the Agency/company shall have a lien over all Plant, Temporary Works, temporary buildings, structures, tools, goods, equipment (whether installed or not) and unfixed materials left upon the Premises pursuant to Clause 32.1 and may sell any of the same and apply the proceeds of sale in or towards the satisfaction of any sums due or becoming due to him from the ESCO under the Contract; and (d) the Agency/company be entitled to recover from the ESCO any damages, loss, costs and expenses which the Agency/company may sustain or incur arising from or as a result of the termination. 32.3 [Not used] 32.3A Provisions applicable to Clause 32.2 (1) For the avoidance of doubt the damages referred to in Clause 32.2 may also include (without limitation): a) the loss to the Agency/company of the Annual Guaranteed Savings for the duration of the Term; b) the rectification or costs and expenses incurred or required to maintain the standards of comfort and quality assurance expected under the Contract including under Clause 6.5 and Schedule G (Standards of Comfort and Quality Assurance). (2) No credit shall be given to the ESCO for any costs incurred under Clause 32.2(1)(b)(iii) unless the ESCO is able to prove to the Agency/company’s satisfaction that the cost has been actually and reasonably incurred.
Conditions%20of%20GESP%20Contract.docx