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AMERICM <br /> INDUSTRIAL CONTRACTORS, INC. Serving the Triad since 1987 <br /> PO Box 16224•Greensboro; NC 27416• (1336) 855-3301 <br /> 4. Any changes,adjustments,service or repairs made to the equipment by anyone other than personnel of <br /> American Industrial Contractors, Inc. will terminate our obligation to render further service under this <br /> agreement and serve to void this contract without a refund of any <br /> portion of fees paid to date. <br /> 5. American Industrial Contractors, Inc. will not in any event be liable for any consequential or incidental <br /> damages due to nor have any obligation to indemnify the Customer with regard to the operation,non- <br /> operation or failure of the equipment; nor shall American Industrial Contractors be held liable for the <br /> loss of use of Customer's facilities, its' loss of revenues, nor for any similar or dissimilar consequential <br /> damage related to the equipment. <br /> 6. Except as otherwise stated in this agreement,American Industrial Contractors, Inc. make no warranties <br /> whatsoever related to the equipment covered. <br /> 7. Customer may not assign this agreement without prior written consent of American Industrial <br /> Contractors,Inc. <br /> 8. The parties have read this Agreement and agree to be bound by all of its items, and further agree that it <br /> constitutes the complete and exclusive statement of the Agreement between the parties unless modified <br /> in writing and signed by the parties. <br /> 9. In addition to the service fee,the Customer will pay any taxes required in connection with the service or <br /> material provided under this agreement. <br /> 10. American Industrial Contractors shall operate as an independent contractor, and the Customer shall not <br /> be responsible for any of American Industrial Contractors' acts or omissions. American Industrial <br /> Contractors shall not be treated as an employee with respect to the services performed hereunder for <br /> federal or state tax, unemployment or workers' compensation purposes. American Industrial <br /> Contractors understands that neither federal, state or payroll tax of any kind shall be withheld or paid by <br /> Customer on behalf of American Industrial Contractors or its employees. <br /> 11. American Industrial Contractors shall obtain, as its sole expense,all insurance needed to adequately <br /> insure itself during the performance of these services. <br /> 12. Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. <br /> Should either party initiate litigation to settle any dispute involving the terms of this Agreement such <br /> litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, <br /> North Carolina. <br />