|
DocuSign Envelope ID: C9BD830D-9399-4949-A8DC-52FA23465CE6
<br /> casings,refractory material,electrical wiring,water and pneumatic piping,structural supports,cooling tower fill,slats and basins,etc,unless 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 manufacturers 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 its 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 AND/OR INCENTIVES FROM
<br /> AVAILABLE SOURCES OR ENERGY/FUEL COST REDUCTION, CUSTOMER ACKNOWLEDGES THAT ANY REBATE/INCENTIVE 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 REBATES/INCENTIVES 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, monitoring, 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 local law
<br /> ("Hazardous Materials',present at Customers 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 Customers
<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 title,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 Customers best knowledge 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 tag 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"Utilization 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 small-businesses, HUBZone 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 /> i
<br /> Siemens Industry, Inc. May 25, 2013 Page 22
<br />
|