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<br />
<br />
<br />MSNC111120 7
<br />
<br />manufacturer’s requirements and provide copies of startup
<br />documentation to Brady.
<br />f. Customer shall properly operate and maintain ancillary
<br />equipment associated with the services provided, in
<br />accordance with the applicable operating manuals and
<br />recommended procedures, and ensure that qualified
<br />personnel are provided for such operation.
<br />g. Customer shall provide Brady personnel with the usual
<br />required utilities (water, electricity, compressed air, etc.) and
<br />special tools and equipment normally used for such services
<br />unless restricted specifically in the quote.
<br />h. Customer shall promptly report unusual equipment
<br />operating conditions or operation to Brady.
<br />i. Customer shall furnish Brady personnel with sufficient
<br />service access space, as well as safe, clean and
<br />unobstructed access to all equipment to be serviced.
<br />j. Customer shall provide professional ancillary services, (i.e.
<br />systems water treatment, etc.) not included in the
<br />Agreement, in accordance with Brady’s reasonable written
<br />recommendations.
<br />k. Custmer shall disclose in writing to Brady any known
<br />environmental risks or hazards, including asbestos, mold, or
<br />other biological hazards.
<br />l. Customer shall disclose in writing to Brady any chemical
<br />spills or chemical spill cleanup associated with or relating to
<br />Water Treatment Services after such systems and services
<br />have been installed and made operational.
<br />m. Customer shall provide suitable access to drains and
<br />drainage systems appropriate for flushing of chemically
<br />treated systems.
<br />n. Customer shall disclose flooding or flooding damages
<br />arising from pump failures, broken or corroded piping,
<br />chemical treatment tubing failure, or other system failures
<br />associated with systems service with or relating to Water
<br />Treatment Services.
<br />o. Customers receiving water treatment shall provide new
<br />equipment start up in accordance with manufacturer’s
<br />requirements, including initial chemical treatments for
<br />passivation or other appropriate system treatments, and
<br />provide copies of startup documentation to Brady.
<br />p. Customers receiving water treatment shall disclose in
<br />writing to Brady any changes to systems operations,
<br />including but not limited to:
<br />i. change in water supply [city water to reclaimed water],
<br />or
<br />ii. equipment operation failure impacting proper water
<br />flows or preventing treatment measurement
<br />requirements, or
<br />iii. termination or changes to Customer provided treatment
<br />systems.
<br />q. Customers receiving water treatment shall disclose
<br />environmental conditions impacting the operation of
<br />systems subject to Water Treatment Services, including
<br />exposure to boiler or generator exhaust, bacterial growth,
<br />legionella or SRBs.
<br />
<br />6. Asbestos and Hazardous Materials
<br />
<br />Brady expressly excludes any identification, abatement, cleanup,
<br />control, disposal, removal or other work connected with asbestos or
<br />other hazardous materials (collectively, “Hazardous Materials”).
<br />Should Brady become aware of or suspect the presence of
<br />Hazardous Materials, Brady may immediately stop work in the
<br />affected area and shall notify Customer. Customer will be
<br />responsible for taking any and all action necessary to correct the
<br />condition in accordance with all applicable laws and regulations.
<br />Customer shall be exclusively responsible for any claims, liability,
<br />fees and penalties, and the payment thereof, arising out of or
<br />relating to any Hazardous Materials on or about the premises, not
<br />brought onto the premises by Brady. Brady shall be required to
<br />resume performance of the services only when the affected area
<br />has been rendered harmless.
<br />
<br />7. Major Repairs
<br />
<br />Major repairs, if covered, such as the dismantling of components,
<br />the opening of refrigeration systems, and the evacuation and
<br />recharging of the same, in the event of refrigerant loss, etc., will be
<br />performed during normal working hours, unless otherwise stated in
<br />the Agreement.
<br />
<br />Major repairs related to boilers, if covered, such as the dismantling
<br />of components, may result in additional fees for additional boiler
<br />inspection and testing and services, unless such additional testing
<br />and services are otherwise stated in the proposal.
<br />
<br />Major repairs related to water treatment, if covered, such as the
<br />dismantling of components, may result in additional fees for
<br />additional chemical testing and treatment services, unless such
<br />additional testing and services are otherwise stated in the proposal.
<br />
<br />8. Repairs By Others
<br />
<br />Unless made by or approved by Brady in writing, any changes,
<br />adjustments, service or repairs made to the equipment may, at
<br />Brady's option, terminate Brady's obligation to render further service
<br />to the equipment so affected. In such case, no adjustment to the
<br />service fee shall be made and no refund of any portion of the
<br />service fee shall be made.
<br />
<br />9. Unusual Circumstances
<br />
<br />Brady shall not be liable for delays in or failure to render services,
<br />including water treatment services and chemical testing, additional
<br />boiler inspections, boiler testing and services, or the delivery of any
<br />equipment or parts, due to fire, flood, strike or other labor difficulty,
<br />act of God, act of any Governmental Authority or of Customer, riot,
<br />war, embargo, fuel or energy shortage, wrecks or delay in
<br />transportation, inability to obtain necessary labor, materials or
<br />equipment from usual sources, or due to any cause beyond Brady’s
<br />reasonable control.
<br />
<br />In the event of delay in performance due to any such cause, the
<br />date of delivery or time of completion will be extended by the period
<br />of time reasonably necessary to overcome the effect of such delay.
<br />If the equipment or parts included in this Agreement become
<br />temporarily or permanently unavailable for reasons beyond the
<br />control of Brady, Brady shall be excused from furnishing said
<br />equipment or parts and reimbursed for the difference between cost
<br />of equipment or parts unavailable and the cost of an available
<br />reasonable substitute.
<br />
<br />10. Limitation of Liability/Indemnification
<br />
<br />Customer’s exclusive remedy and Brady’s exclusive liability under
<br />this Agreement or otherwise (including negligence) shall be for
<br />direct damages, which shall in no event exceed so much of the
<br />purchase price as is applicable to the portion of the particular
<br />services with respect to which damages are claimed. In no event
<br />shall Brady be liable to Customer, nor shall Brady have any
<br />obligation to indemnify Customer, for any other loss or damage, or
<br />for any incidental, special or consequential damages of any kind, or
<br />for the loss of use of Customer's facilities, its loss of revenue, or for
<br />any similar or dissimilar consequential damages with regard to the
<br />operation, non-operation or failure of the equipment, or damage to
<br />property or other injury arising from this Agreement. This exclusion
<br />applies regardless of whether such damages or indemnification are
<br />DocuSign Envelope ID: 42FB6DDD-FB4D-4A63-BDEE-308E8EC2DB59
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