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7_ Customer Obligations. Customer shall:
<br />(a) Provide Trane reasonable and safe access w all Equipmenq
<br />(b) Follow manufacturer recommendations concerning teardown and internal
<br />i n specti_ major overhaul, restoration or refurbishing of the Equipment; unless
<br />expressly stated in the Scope of Services s[a[emenq Trane is not performing any
<br />manufacturer recommended teardown and internal inspection, major overhaul,
<br />restoration or refurbishing of the equipment; Trane shall not be responsible to
<br />perform any subsequent repairs to he Equipment necess i[a[ed by Customer's
<br />failure to follow such manufacturer recommendations;
<br />(c) Reimburse Trane for services, repairs, and/or replacements performed by Trane
<br />beyond the "Scope of Services" or otherwise excluded hereunder. Such
<br />reimbursement shall be a[ the then prevailing overtime/holiday rates for
<br />labor/labour and prices for materials and may at Trane', option be subject to a
<br />separate wli [ten agreement prior to its undertaking such work; and
<br />(dj Unless ware, lrea[men[ is expressly included in Trane', Scope of Services,
<br />provide professional culling tower water treatment in accordance with any
<br />reasonable recommendations provided by Trane.
<br />B. Exclusions. Unless expressly included in "Scope of Services" or "Equipment
<br />Coverage," the services to be provided by Trane do nor include, and Trane shall no[
<br />be liable for, any of the following:
<br />(a) Any guarantee of room conditions or system performance;
<br />(b) Inspection, m intenance, repair, replacement of or services for- chilled water
<br />and condenser water pumps and piping; electrical disconnect switches or c air
<br />breakers; mntor starting equipment that is not factory mourned and interconnecting
<br />power wiring; recording or portable instmment:, gauges or thermometers; non-
<br />moving parts or non -maintainable parts of the system, including, but out limited to,
<br />storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings,
<br />drain pans, panels, duct work; piping: hydraulic, hyd—me, pneumatic, gas, or
<br />refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets;
<br />electrical wiring; ductwork or conduit; electrical distribution system; hydronic
<br />structural supports and similar items; the appearance of decorative casmg or
<br />cabinets, damage sustained by other equipment or systems; and/or any failure,
<br />misadjustment or design deficiencies in other equipment or systems;
<br />(c) Repairs or replacement of parts made necessary as a result of electrical power
<br />failure, low voltage, burned our main or branch fuses, low water pressure,
<br />vandalism, misuse or abuse, improper operation, unauthorized alteration of
<br />Equipment, accident, negligence of Customer or others, damage due to freezing
<br />weather, calamity or malicious all;
<br />(d) Any damage or malfunction resulting from vibration, electrolytic action,
<br />freezing, con[amina[ion, corosiuq erns or caused by scale or sludge on
<br />internal tubes except where water treatment protection services are provided by
<br />Trane as part of [his Agreemenq
<br />(e) Furnishing any items of equipment, material, or labor/labour, or performing
<br />special tests recommended or required by insurance companies or federal, state, or
<br />local governments;
<br />(f) Failure or inadequacy of any structure or foundation supporting or surrounding
<br />the Equipment or any portion thereof;
<br />(g) Bu lding access or alterations that might be necessary to repair or replace
<br />Customer's existing equipment;
<br />(h) The normal £unction of starting and stopping the Equipment or the opening and
<br />closing of valves, dampers or regulators normally installed to pru[ect the
<br />Equipment again:: damage;
<br />(i) Valves that are no[ factory mounted: balance, stop, control, and .,her valves
<br />external [o the device unless specifically included in the Agreement,
<br />Q) Any responsibility for design or redesign of the system or he Equipment,
<br />ob te,lenec, safety rests, or removal or reins["]]ati on of valve bodies and
<br />dampers;
<br />(k) Any services, claims, or damages arising out of Customer's failure io --ply
<br />With its obligations under this Agreemenq
<br />(1) Failure of Customer to follow manufacturer recommendations wncemi.g
<br />overhaul and refurbishing of he Equipment;
<br />(m) Any claims, damages, losses, or expenses, arising from or related In conditions
<br />that existed on, or upon the premises before the effective date of this Agreement
<br />("Pre -Existing Conditions"), including, without limitation, damages, losses, or
<br />expenses involving pre-existing building envelope issues, mechanical issues,
<br />plumbing issues, and/or indoor it quality issues involving mold/mould and/or
<br />fungi;
<br />(n) Replacement of refrigerant is excluded, unless replacement of refrigerant is
<br />expressly stated as included within the scope of Trane', Services, in which case
<br />replacement shall in no even[ exceed the stated percentage of rated system charge
<br />per year expressly stated in the scope of Services. Customer shall be responsible
<br />for the cost of any additional replacement refrigerant,
<br />(o) Operation of the equ pm nq
<br />(p) Any claims, damages, losses, or expenses, arising From or related to work done
<br />by or services provided by individuals or entities that are no[ employed by or hired
<br />by Trane.
<br />9. Warranties. (a) Trane manufactured material supplied and installed by Trane is
<br />warranted to be free from defect in material and manufacture for a period of twelve
<br />months from the earlier of the date of start-up or replacement and Trane',
<br />obligation under this warranty is limited [o repairing or replacing the defective part
<br />at its option; (b) labor/labour is warranted (to have been properly performed) For a
<br />period of 90 days from completion and Trane', obligation under this warranty is
<br />limited to --mg any improperly performed labor/labour; and (c) non-Trane
<br />equipment and/or parts are not waranted by Trane and shall have such w anties
<br />as are extended to Trane by the respective manufacturer. Labor/labour to install
<br />parts supplied by Customer is not warranted by Trane. Notwithstanding the
<br />foregoing, all warmn[ies provided herein terminate upon terro
<br />dnation or
<br />a._lhuion of this Agreement. THE WARRANTY AND LIABILITY SET
<br />FORTH IN THIS SECTION ARE IN LIEU OFALL OTHER WARRANTIES
<br />AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE,
<br />EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED
<br />WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
<br />PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE. IN
<br />NO EVENT SHALL TRANE BE LIABLE FOR ANY SPECIAL,
<br />INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT
<br />LIMITATION LOST REVENUE OR PROFITS), OR PUNITIVE
<br />DAMAGES_ NO REPRESENTATION OR WARRANTY OF
<br />MERCHANTABILITY OR FITNESS OF PURPOSE IS MADE
<br />REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY
<br />COMPONENT THEREOF, OF MOLD, FUNGUS, BACTERIA,
<br />MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. TRANE
<br />SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF
<br />SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT
<br />OR INHIBIT THE GROWTH OF SUCH MATERIALS.
<br />10. Indemnity. Trane and Customer shall indemnify, defend and hold each other
<br />harmless from any and all claims, actions, costs, expenses, damages and liabilities,
<br />ncludmg reasonable attom,ys' fees, resulting from death or bodily injury or
<br />damage to real or personal property, to the extent caused by the negligence or
<br />misconduct of the indemnifying party, and/or its respective employees or agents. If
<br />the parties are both at fault, the obligation to indemnify shall be proportional to
<br />their relative fault. The duty to indemnify will continue in full force and effect,
<br />notwithstanding the expiration or early termination hereof, with respect to any
<br />claims based on facts or conditions that occurred prior to expiration or termination.
<br />IE Limitation of Liability. NOTWITHSTANDING ANY CONTRARY
<br />PROVISION, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL,
<br />INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE
<br />(INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS),
<br />WHETHER CLAIMED UNDER CONTRACT, WARRANTY,
<br />NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY
<br />OR FACTS, OR PUNITIVE DAMAGES.
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