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<br />MSNC021720 7
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<br />c. Customer shall assume full responsibility for safety
<br />training and use of Personal Protective Equipment by Customer’s
<br />personnel responsible for the operation or maintenance of boilers
<br />and boiler system appurtenances and Customer’s personnel
<br />handling or using water treatment equipment or supplies.
<br />d. Customer shall prevent untrained personnel from
<br />performing service, maintenance or adjustment on the boiler
<br />systems.
<br />e. For new equipment associated with the boiler systems,
<br />Customer shall provide any start up in accordance with
<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 accordance
<br />with the applicable operating manuals and recommended
<br />procedures, and ensure that qualified personnel are provided for
<br />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 unobstructed
<br />access to all equipment to be serviced.
<br />j. Customer shall provide professional ancillary services,
<br />(i.e. systems water treatment, etc.) not included in the Agreement,
<br />in accordance with Brady’s reasonable written recommendations.
<br />k. Custmer shall disclose in writing to Brady any known
<br />environmental risks or hazards, including asbestos, mold, or other
<br />biological hazards.
<br />l. Customer shall disclose in writing to Brady any
<br />chemical spills or chemical spill cleanup associated with or
<br />relating to Water Treatment Services after such systems and
<br />services have been installed and made operational.
<br />m. Customer shall provide suitable access to drains and
<br />drainage systems appropriate for flushing of chemically treated
<br />systems.
<br />n. Customer shall disclose flooding or flooding damages
<br />arising from pump failures, broken or corroded piping, chemical
<br />treatment tubing failure, or other system failures associated with
<br />systems service with or relating to Water 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 passivation
<br />or other appropriate system treatments, and provide copies of
<br />startup documentation to Brady.
<br />p. Customers receiving water treatment shall disclose in
<br />writing to Brady any changes to systems operations, including but
<br />not limited to:
<br /> 1. change in water supply [city water to reclaimed
<br />water], or
<br /> 2. equipment operation failure impacting proper water
<br />flows or preventing treatment measurement requirements, or
<br /> 3. termination or changes to Customer provided
<br />treatment systems.
<br />q. Customers receiving water treatment shall disclose
<br />environmental conditions impacting the operation of systems
<br />subject to Water Treatment Services, including exposure to boiler
<br />or generator exhaust, bacterial growth, 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
<br />or 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
<br />be performed during normal working hours, unless otherwise
<br />stated in the Agreement.
<br />
<br />Major repairs related to boilers, if covered, such as the
<br />dismantling of components, may result in additional fees for
<br />additional boiler inspection and testing and services, unless such
<br />additional testing and services are otherwise stated in the
<br />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
<br />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
<br />service to the equipment so affected. In such case, no adjustment
<br />to the service fee shall be made and no refund of any portion of
<br />the service fee shall be made.
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<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,
<br />additional boiler inspections, boiler testing and services, or the
<br />delivery of any equipment or parts, due to fire, flood, strike or
<br />other labor difficulty, act of God, act of any Governmental
<br />Authority or of Customer, riot, war, embargo, fuel or energy
<br />shortage, wrecks or delay in transportation, inability to obtain
<br />necessary labor, materials or equipment from usual sources, or
<br />due to any cause beyond Brady’s 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
<br />period of time reasonably necessary to overcome the effect of
<br />such delay. If the equipment or parts included in this Agreement
<br />become temporarily or permanently unavailable for reasons
<br />beyond the control of Brady, Brady shall be excused from
<br />furnishing said equipment or parts and reimbursed for the
<br />difference between cost of equipment or parts unavailable and the
<br />cost of an available 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 />DocuSign Envelope ID: D17E56D1-C70C-4708-9A2B-CDD895385F28
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