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8 <br /> f. All generators provided and installed pursuant to the terms of this Agreement shall be new <br /> generator units. No used or refurbished generator units shall be sold to the Owner or installed <br /> as part of this Agreement. Any generator unit discovered to be used and/or refurbished shall <br /> be replaced with a new generator unit, identical to the corresponding generator unit shown in <br /> Contractor's Custom Quote dated April 28, 2017, at Contractor's cost and expense, within <br /> thirty (30) days of Owner's request for replacement. The terms of this section 8f shall survive <br /> the expiration of this Agreement. <br /> 9. CONSEQUENTIAL DAMAGES <br /> a. Owner and Contractor mutually waive any claim against each other for consequential damages. <br /> Consequential Damages include: <br /> (i) Damages incurred by Owner for loss of use, income, financing, or business. <br /> (ii) Damages incurred by Contractor for office expenses, including personnel, loss of <br /> financing, profit, income, business, damage to reputation, or any other non-direct <br /> damages. <br /> 10. ENTIRE AGREEMENT <br /> All of the documents listed, referenced or described in this Agreement, the written Notice-to-Proceed, <br /> together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, <br /> labor, materials, and completed construction required by the Contract Documents and all parts thereof is the <br /> Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This <br /> Agreement may be amended only by written instrument signed by both parties. Modifications may be <br /> evidenced by facsimile signatures. If any provision of the Agreement or General Conditions shall be declared <br /> invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 2/17 6 <br />