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<br />earthquakes, riot, civil commotion, war, repairs by others, exposure to excessive heat, vandalism, misuse malicious <br />mischief or acts of God. Notwithstanding any other agreement or provision to the contrary, under no circumstances will <br />either party be liable for any indirect, special or consequential damages of any kind. We shall not be liable for removal <br />or disposal of hazardous and waste fluid or materials or for any environmental/ecological reporting, testing, cleaning or <br />rehabilitation dictated by any agency or party for any reason. If such action is required from us by a third party they <br />shall be paid for by you. <br /> <br />While this Agreement is designed to reduce wear and prolong the useful life of such equipment, we make no <br />representation that such equipment will not breakdown or malfunction, and you agree to hold us harmless from any such <br />event or action arising therefrom. <br /> <br />Any purchase order issued by you in connection with this Agreement are deemed to be issued for your administrative or <br />billing identification purposes only. The terms and conditions contained herein shall exclusively govern the services to <br />be provided hereunder, and this Agreement may not be changed, modified, revised or amended unless in writing and <br />signed by you and our authorized representative. <br /> <br />In the event of sale, lease or other transfer of the equipment, or the premises in which they are located, or a change in the <br />paying party, you agree to see that such transferee or alternate paying party is made aware of this Agreement and <br />assumes and agrees to be bound by the terms hereof for the balance of the Agreement term. Should you fail to do this, <br />you will be liable for the full unpaid balance due for the unexpired term of the Agreement. We may at our sole <br />discretion, terminate this Agreement with any such successor at any time upon thirty (30) days written notice. The <br />Agreement monthly price is a unit amount for the entire Agreement period subject to interest and escalation adjustments. <br /> <br />Your failure to pay any sum within sixty (60) days will be deemed a material breach. We may, at our option, declare all <br />sums due or to become due for the unexpired term, immediately due and payable as liquidated damages, but not as a <br />penalty, and until the same are paid, be discharged from further obligations under the Agreement. <br /> <br />It is expressly agreed that the payment of all sums due hereunder, is a condition precedent to the rendering of service. <br />We reserve, at our option, the right to suspend or curtail service until all payments due are made. <br /> <br />This Agreement is based on conditions prevailing under current labor agreements. In the event future labor agreements <br />or changes alter costs or restrict our ability to provide services hereunder, we shall notify you in writing and thereupon, <br />offer modification to the Agreement to remedy the situation. In the event we cannot agree on a revised Agreement, <br />either party shall have the right to terminate this Agreement upon expiration of ninety (90) says from the above notice. <br /> <br />All agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid or <br />unreasonable by any competent court, the Agreement shall be interpreted as if such invalid agreements or covenants <br />were not contained herein. <br /> <br />({j Amtech Elevator Services, 2003 <br /> <br />All Rights Reserved (11/1/05) <br /> <br />Page Sof7 <br /> <br />Proposal# <br /> <br />