9.1 [Registered Provider]/[Landlord] Obligations

9.1.1 The [Registered Provider]/[Landlord] shall be liable to ESCo for any Losses to the Energy System, the Heat Meter, the HIU, the CIU [or Commercial Unit Heat Exchanger] which in each case is caused by any work that the [Registered Provider]/[Landlord] does or has done (other than where carried out by ESCo) to the Building Heating System and/or any Unit Installation. 9.1.2 The Landlord shall not and (in respect of any Heat Meter, CIU, HIU [or the Commercial Unit Heat Exchanger] to the extent that such Heat Meter, CIU, HIU [or Commercial Unit Heat Exchanger] is within a Relevant Unit) shall not allow any third party to:

(a) tamper with or damage the Energy System, the Building Heating System, any Unit Installation, any Heat Meter, CIU, HIU [or the Commercial Unit Heat Exchanger]; or (b) misuse the Building Heating System and/or any Unit Installation so that it causes any damage to the Energy System, or any Heat Meter, CIU, HIU [or Commercial Unit Heat Exchanger], provided always that the [Registered Provider]/[Landlord] shall have no liability to ESCo under this Agreement or otherwise for such tampering or damage to the Building Heating System and/or any Unit Installation, any Heat Meter, CIU, HIU [or Commercial Unit Heat Exchanger], and/or any misuse of any such Building Heating System and/or any Unit Installation which is caused by ESCo or any ESCo Related Party.

9.1.3 If any breach by the Landlord of Clause 9.1.2 causes damage to:

(a) the Energy System, the [Registered Provider]/[Landlord] will be liable for the damage caused, including the costs of repair or replacement, and ESCo may charge the [Registered Provider]/[Landlord] for the reasonable and properly incurred costs that ESCo incurs in repairing the Energy System, and replacing any relevant parts; or (b) Heat Meter, CIU, HIU [or Commercial Unit Heat Exchanger], and ESCo is then unable to perform its obligations under this Agreement in respect of such Heat Meter, CIU, HIU [or Commercial Unit Heat Exchanger] because of such damage, ESCo’s obligations in respect of such Heat Meter, CIU, HIU [or Commercial Unit Heat Exchanger] shall be suspended until such time as the damage has been repaired to the extent necessary to enable ESCo to perform such obligations in accordance with this Agreement.

9.1.4 The [Registered Provider]/[Landlord] shall inform ESCo as soon as reasonably practicable if the [Registered Provider]/[Landlord] becomes aware that any of the Heat Meter, CIU, HIU [or Commercial Unit Heat Exchanger] is damaged or destroyed, or if the [Registered Provider]/[Landlord] becomes aware that anyone other than ESCo or its agents interferes with or removes any Heat Meter, CIU, HIU [or Commercial Unit Heat Exchanger] or if the [Registered Provider]/[Landlord] believes any Heat Meter, CIU, HIU [or Commercial Unit Heat Exchanger] has been damaged.

## 9.2 ESCo’s obligations

- ESCo shall be liable for any Losses whatsoever in respect of any personal injury to or death of any person whomsoever and any property within a Relevant Unit or to any [Registered Provider]/[Landlord] property, due to any negligent error, act or omission of ESCo or any ESCo Related Party and shall make good any such damage caused to the satisfaction of the Registered Provider]/[Landlord] or its tenant (or lessee) as soon are reasonably practicable.

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