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t r ~ SERVICE AGREEMENT
<br /> (continued)
<br /> damage in the event of any loss or injury and against, response to, or recovery from such Act of and monitoring services, of scheduled testing
<br /> that Customer releases and waives all right of Terrorism. and/or repair of systems;
<br /> recovery against Company atising by way of 8. General Provisions. Customer has selected the Provide a safe work environment;
<br /> subrogation. Company makes no guaranty or service level desired after considering and In the event of an emergency or Covered
<br /> warranty, Including any Implied warranty of balancing various levels of protection afforded, and System(s) failure, take reasonable precautions to
<br /> merchantability or fitness for a particular their related costs. Customer acknowledges and protect against personal injury, death, andlor
<br /> purpose that equipment or services supplied by agrees that by this Agreement, Company, unless property damage and continue such measures until
<br /> Company will detector avert occurrences or the specifically stated, does not undertake any the Covered System(s) are operational; and
<br /> consequences therefrom that the equipment or obYigatiort to maintain or render Customer's system Comply with all laws, codes, and regulations
<br /> service was designed to detector avert. or equipment as Year 2000 compliant, which shall pertaining to the equipment andlor services
<br /> Il is impractical and extremely difficult Eo fix the mean, capable of correctly handling the processing provided under thisAgreemenL
<br /> actual damages, It any, which may proximately of calendar dates before or after December 31, 10. Repair Services {lf Selected by Customer).
<br /> result €rom failure on the part of Company to 1999.. All work to be performed by Company will Where Customer expressly irtciudes repair,
<br /> perform any of Its obligations under this be performed during normal working hours of replacement, and emergency respanse services in
<br /> Agreement. Accordingly, Customer agrees that, normal working days (8:00 a.m. - 5:00 p.m., the Scope of Work section of this Agreement, such
<br /> Company shall be exempt from IEabillly for any Monday through Friday, excluding Company services apply only to the components or equipment
<br /> loss, damage or tnJury arising directly or holidays}, as defined by Company, unlessadditfonal of the Covered System(s). Customer agrees io
<br /> indirectly from occurrences, or the Company will perform the services described in the promptly request repair services In the event the
<br /> consequences therefrom, which !ha equipment Scope of WorK section {°Services") for ono or more Systom becomes inoperable or otherwise requires
<br /> or service was designed to detect or avert. system(s) ar equipment as described in the Scope repair. The Agreement price does not include
<br /> Should Company be found liable for any loss, of Work section or the listed attachments ("covered repairs to the Covered System(s) recommended by
<br /> damage or tnJury arising from a failure of the times are speclf:cally described in this Agreement. Company during the Initial inspection, forwhlch
<br /> equipment or service in any respect, Company's All work performed unscheduled unless otherwise Company will submit independent pricing to
<br /> liability shall be limited to an amount equal to specified in thfsAgreemenl. Appointments customer and as to which Company will not
<br /> the Agreement price (as increased by the price scheduled for four-hour window, Additional charges proceed anti! Customer authorizes such work and
<br /> for any additional work) or where the time and may apply for spacial scheduling requests, e.g. approves the pricing. Repair or replacement of
<br /> materlai payment term is selected, Customer's working around equipment shutdowns, after hours non-maintainable parts of the Covered System(s)
<br /> time and material payments to Company. Where work. Including, but not limited to, unit cabinets, insulating
<br /> this Agreement covers multiple sites, iiabitity System(s)"}. UNLESS OTHERWISE SPECIFIED IN material, electrical wiring, structural supports, and
<br /> shalt be limited to the amount of the payments THIS AGREEMENT, ANY INSPECTION (AND, iF alt other non-moving parts, is not Included under
<br /> allocable to the site where the Incident SPECIFIED, TESTING)PROVIDEDUNDERTHIS this Agreement.
<br /> occurred. Such sum shall be complete and AGREEMENT DOES NOT INCLUDE ANY 11. System Equipment. The purchase of
<br /> exclusive. Ii Customer desires Company to MAINTENANCE, REPAIRS, ALTERATIONS, equipment or peripheral devices, (including but noT
<br /> assume greaterliabllity,thapartiasshallamend REPLACEMENT OF PARTS, OR ANY FIELD IEmtted to smoke detectors, passive infrared
<br /> this Agreement by attaching a ridersetting forth ADJUSTMENTS WHATSOEVER, NOR DOES IT detectors, card readers, sprinkler system
<br /> the amount of additional liability and the INCLUDE THE CORRECTION OF ANY components, extinguishers and hoses} from
<br /> additional amount payable by the Customer for DEFICIENCIES IDENTIFIED 8Y COMPANY TO Company shall be subject to the terms and
<br /> the assumption by Company of such greater CUSTOMER. COMPANY SHALL NOT 8E oondiltonsofthfsAgreemenl. If, in Company's sole
<br /> liability, provided however that such rider shall RESPONSIBLE FOR EQUIPMENT FAILURE Judgment, any peripheral device or other system
<br /> In noway be Interpreted to hold Company as an OCCURRING WHILE COMPANY IS IN THE equipment, which is attached to the Covered
<br /> insurer. IN NO EVENT SHALL. COMPANY BE PROCESS OF FOLLOWING ITS INSPECTION System{s), whether provided by Company or a third
<br /> LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR TECHNIQUES, WHERE THE FAILURE ALSO party, interferes witfi the proper operation otthe
<br /> ANY OTHER CLAIM ARISING FROM ANY RESULTS FROM THE AGE OR OBSOLESCENCE Covered System(s), Customer shelf remove or
<br /> SERVICING, ALTERATIONS, MODIFICATIONS, OF THE ITEM OR DUE TO NORMAL WEAR AND replace such device or equipment promptly upon
<br /> CHANGES, OR MOVEMENTS OF THE COVERED TEAR. THIS AGREEMENT DOES NOT COVER notice from Company. Failure of Customer to
<br /> 3YSTEM(S} OR ANY OF ITS COMPONENT SYSTEMS, EQUIPMENT, COMPONENTS OR remove or replace the device shall constitute a
<br /> PARTS BY THE CUSTOMER OR ANY THIRD PARTS THAT ARE BELOW GRADE, BEHIND material breach of this Agreement. if Customer
<br /> PARTY.COMPANYSHALLNOTBELIASLEFOR WALLS OR OTHER OBSTRUCTIONS OR adds any third party device or equipment to the
<br /> INDIRECT, INCIDENTAL OR CONSEQUENTIAL EXTERIOR TO THE BUILDING, ELECTRICAL Covered System(s), Company shall not be
<br /> DAMAGES OF ANY KIND, INCLUDING BUT NOT WIRING, AND PIPING. responsible for anydamage to or (allure of the
<br /> LIMITED 70 DAMAGES ARISING FROM THE 9. Customer Responsibilities. Customer steal! Coveted System(s) caused in whole or in part by
<br /> USE, LOSS OF THE USE, PERFORMANCE, OR promptly notify Company of any malfunction in the such device or equipment.
<br /> FAILURE OF THE COVERED SYSTEM(S) TO Covered System(s) which comes to Customer's 12. Reports. Where inspection andlor test services
<br /> PERFORM. The limitations of tlab111ty set forth in attention. This Agreement assumes any existing are selected, such inspection andlor test shall be
<br /> this Agreement shall inure to the benef(t of all systems} are in operationa4 and maintainable completed an Company's then current Report form,
<br /> parents, subsidiaries and affiliates of company, condition as of the Agreement date. If, upon initial which shall be given to Customer, and, where
<br /> whether d#rect or Indirect, company's inspection, Company determines that repairs are applicable, Company maysubmitacopythereofto
<br /> employees, agents, officers and directors. recommended, repair charges will be submitted for the focal authority having jurisdiction. The Report
<br /> 7. Reciprocal Waiver of Claims (SAFETY Act). approval by Customers on-site representative prior and recommendations by Company are only
<br /> Certain of SimpfexGrinnail's systems and services to work. Should such repair work be declined, advisory in nature and are intended to assist
<br /> have received Certification andlor Designation as Company sha[I be relieved from any and all Liability Customer in reducing the risk of loss to property by
<br /> Qualified Anti-Terrorism Technologies {°QAT7") arising Eherefrom. ind[cating obvious detects or impairments noted to
<br /> under the Support Anti-terrorism by Fostering Customer further agrees to: the system and equipment inspected andlor lasted.
<br /> Effective Technologies Act of 2002, 6 U.S.C. Provide Company clear access to Covered They are not intended to imply that no other defects
<br /> 441-444 (the `SAFETY Act"). As required under 6 System{s} to be serviced including, if applicable, I€ft or hazards exist or that all aspects of the Covered
<br /> C.F.R.25.5{e}, to the maximum extent permitted by trucks or other equipment Headed fa reach System(s), equipment, and components are under
<br /> law, SimpiexGrinnellend Customer hereby agree to inaccessible equipment; control ai the lime of inspection. Final responsibility
<br /> waive their right to make any claims against the Supply suitable electrical service, heat, heat for the condition and operation of the Covered
<br /> other for any losses, Including business interruption irar,Ing adequate water supply, and required system System(s) and equipment and components ties with
<br /> losses, sustained by either party or their respective schematics andlor drawings; Customer.
<br /> employees, resulting from an actlvlry resulting from Notify elf required persons, including but not
<br /> an °ACt of Terrorism` as defined in 6 C.F.R. 25.2, limited to authorities having jurisdiction, employees,
<br /> when QA7T have been deployed In tlefense
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<br /> a20e9 SimpiexGritmelt LP. All rights resenrd SGd269R6 (Rev.OIlA9) S327S01063 Page 6 of 8
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