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DocuSign Envelope ID:3CB53A1 D-004F-4B51-913A-A5ED432F87BC
<br /> casings, refractory material,electrical wiring,water and pneumatic piping,structural supports,cooling tower fill,slats and basins,etc.untess otherwise
<br /> specifically stated herein; or (b) negligence, abuse, misuse, improper or inadequate repairs or modifications, improper operation, lack of operator
<br /> maintenance or skill,failure to comply with manufacturer's operating and environmental requirements,Acts of God,or other reasons beyond its control.
<br /> SIEMENS assumes no responsibility for any service performed on any Covered Equipment other than by SIEMENS or its agents.
<br /> 8.2 SIEMENS shall not be responsible for loss, delay, injury or damage that may be caused by circumstances beyond As control, including but not
<br /> restricted to acts or omissions by Customer or its employees or agents,Acts of God,war, civil commotion, acts of government,fire,theft,corrosion,
<br /> flood, water damage, lightning, freeze-ups, computer viruses, program or system hackers, strikes, lockouts, differences with workmen, riots,
<br /> explosions,quarantine restrictions,delays in transportation,or shortage of vehicles,fuel,labor or materials.
<br /> 8.3 SIEMENS is not responsible for repairs, replacements or services to Equipment due to corrosion, erosion, improper or inadequate water
<br /> treatment by others,electrolytic or chemical action,or reasons beyond its reasonable control
<br /> 8,4 SIEMENS shall not be responsible for the removal or reinstallation of replacement valves, dampers, waterflow, and tamper switches, airflow
<br /> stations, and any other permanently mounted integral pipe or air duct component.Additionally, SIEMENS shall not be responsible for any venting or
<br /> draining of systems,
<br /> 8.5 WHERE SERVICES INCLUDE EFFORTS BY SIEMENS TO HELP CUSTOMER TO ATTAIN REBATES ANIDIOR, INCENTIVES FROM
<br /> AVAILABLE SOURCES OR ENERGY1FUEL COST REDUCTION, CUSTOMER ACKNOWLEDGES THAT ANY REBATE/]NCENTIVE OR
<br /> ENERGY/ FUEL COST REDUCTION THAT MAY BE AVAILABLE TO CUSTOMER IS GRANTED BY A THIRD PARTY OUTSIDE THE
<br /> CONTROL OF SIEMENS. CUSTOMER FURTHER ACKNOWLEDGES THAT WHILE SIEMENS WILL EITHER ASSIST CUSTOMER OR
<br /> ENDEAVOR ITSELF TO OBTAIN ANY AND ALL REBATE S/I NC ENTIVES OR ENERGY/FUEL COST REDUCTION AVAILABLE, SIEMENS
<br /> DOES NOT GUARANTEE THAT IT WILL OBTAIN OR APPLY FOR ALL REBATES/INCENTIVES OR ENERGY/FUEL COST REDUCTIONS
<br /> THAT MAY BE AVAILABLE TO CUSTOMER. FURTHER,CUSTOMER HEREBY RELEASES SIEMENS FROM;ANY AND ALL LIABILITY TO
<br /> CUSTOMER OR ANY THIRD PARTY ARISING FROM SIEMENS' FAILURE TO OBTAIN OR APPLY FOR ANY REBATE/ INCENTIVE OR
<br /> ENERGY/FUEL COST REDUCTION THAT COULD IN ANY WAY BE OBTAINED BY CUSTOMER.
<br /> Article 9., Hazardous Materials Provisions
<br /> 9.1 The Services does not include directly or indirectly performing or arranging for the detection, monitodrig, handling, storage, removal,
<br /> transportation, disposal or treatment of Oil or Hazardous Materials. Except as disclosed pursuant to this Article, Customer represents that,to its
<br /> best knowledge, there is no asbestos or any other hazardous or toxic materials, as defined in the Comprehensive Environmental Response,
<br /> Compensation and Liability Act of 1980,, as amended, the regulations promulgated thereunder, and other applicable federal, state or focal law
<br /> ("Hazardous Materials"),present at Customer's Sites where the Services are performed.SIEMENS will notify Customer immediately if it discovers
<br /> or suspects the presence of any Hazardous Material. All Services have been priced and agreed to by SIEMENS in reliance on Customer's
<br /> representations as set forth in this Article, The presence of Hazardous Materials constitutes a change in this Agreement whose terms must be
<br /> agreed upon by SIEMENS before its obligations hereunder shall continue.
<br /> 9.2 Customer is solely responsible for testing,abating,encapsulating, removing, remedying or neutralizing such Hazardous Materials,and for the
<br /> costs thereof.Customer is responsible for the proper disposal of all Hazardous Materials and Oil that at any time are present at the Services site in
<br /> accordance with all applicable federal,state, and local laws, regulations, and ordinances. Even if change order has been entered into pursuant to
<br /> this Article, SIEMENS shall have the right to stop the Services until the site is free from Hazardous Materials, In such event. SIEMENS shall
<br /> receive an equitable extension of time to complete the Services, and compensation for delays caused by Hazardous Materials remediation, In no
<br /> event shall SIEMENS be required or construed to take tftIe,ownership or responsibility for such Oil or Hazardous Materials,Customer shall sign any
<br /> required waste manifests in conformance with all government regulations,listing Customer as the generator of the waste,
<br /> 9.3 Customer warrants that,prior to the execution of this Agreement, it shall notify SIEMENS in writing of any and all Hazardous Materials which,
<br /> to Customer's best knoMedge are present,potentially present or likely to become present at the Services site and shall provide a copy of any site
<br /> safety policies, including but not limited to lock-out and tog;procedures,chemical hygiene plan, MSDSs or other items required to be disclosed or
<br /> maintained by federal,state,or local laws,regulations or ordinances.
<br /> Article 10: Import/Export Indemnity
<br /> Article 11: Small Business Concern
<br /> 11.1 SIEMENS shall adhere to FAR 52.219-8 regarding the"Utifization of Small Business Concerns", as part of its Commercial Small Business
<br /> Subcontracting Agreement with the federal government. SIEMENS'policy is to offer small business concerns, including small disadvantaged
<br /> businesses, women owned smafl-businesses, HUB one small businesses, veteran owned small businesses and service disabled veteran
<br /> owned small businesses, the "maximum practical opportunity" to participate in performing contracts let by any commercial entity, local
<br /> government or federal agency, including subcontracts,for subsystems,assemblies,components,and related services for major systems.
<br /> Siemens Industry, Inc. May 25, 2013 Page 22
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