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treatment equipment or supplies.
<br />d. Customer shall prevent untrained personnel from performing service, maintenance or adjustment on the boiler systems.
<br />e. For new equipment associated with the boiler systems, Customer shall provide any start up in accordance with manufacturer’s
<br />requirements and provide copies of startup documentation to Icon.
<br />f. Customer shall properly operate and maintain ancillary equipment associated with the services provided, in accordance with the
<br />applicable operating manuals and recommended procedures, and ensure that qualified personnel are provided for such operation.
<br />g. Customer shall provide Icon personnel with the usual required utilities (water, electricity, compressed air, etc.) and special tools
<br />and equipment normally used for such services unless restricted specifically in the quote.
<br />h. Customer shall promptly report unusual equipment operating conditions or operation to Icon.
<br />i. Customer shall furnish Icon personnel with sufficient service access space, as well as safe, clean and unobstructed access to all
<br />equipment to be serviced.
<br />j. Customer shall provide professional ancillary services, (i.e. systems water treatment, etc.) not included in the Agreement, in
<br />accordance with Icon’s reasonable written recommendations.
<br />k. Custmer shall disclose in writing to Icon any known environmental risks or hazards, including asbestos, mold, or other biological
<br />hazards.
<br />l. Customer shall disclose in writing to Icon any chemical spills or chemical spill cleanup associated with or relating to Water
<br />Treatment Services after such systems and services have been installed and made operational.
<br />m. Customer shall provide suitable access to drains and drainage systems appropriate for flushing of chemically treated systems.
<br />n. Customer shall disclose flooding or flooding damages arising from pump failures, broken or corroded piping, chemical treatment
<br />tubing failure, or other system failures associated with systems service with or relating to Water Treatment Services.
<br />o. Customers receiving water treatment shall provide new equipment start up in accordance with manufacturer’s requirements,
<br />including initial chemical treatments for passivation or other appropriate system treatments, and provide copies of startup documentation to
<br />Icon.
<br />p. Customers receiving water treatment shall disclose in writing to Icon any changes to systems operations, including but not limited
<br />to:
<br /> 1. change in water supply [city water to reclaimed water], or
<br /> 2. equipment operation failure impacting proper water flows or preventing treatment measurement requirements, or
<br /> 3. termination or changes to Customer provided treatment systems.
<br />q. Customers receiving water treatment shall disclose environmental conditions impacting the operation of systems subject to Water
<br />Treatment Services, including exposure to boiler or generator exhaust, bacterial growth, legionella or SRBs.
<br />6. Asbestos and Hazardous Materials
<br />Icon expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other
<br />hazardous materials (collectively, “Hazardous Materials”). Should Icon become aware of or suspect the presence of Hazardous Materials,
<br />Icon may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action
<br />necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for
<br />any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the
<br />premises, not brought onto the premises by Icon. Icon shall be required to resume performance of the services only when the affected
<br />area has been rendered harmless.
<br />7. Major Repairs
<br />Major repairs related to boilers, if covered, such as the dismantling of components, may result in additional fees for additional boiler
<br />inspection and testing and services, unless such additional testing and services are otherwise stated in the proposal.
<br />Major repairs related to water treatment, if covered, such as the dismantling of components, may result in additional fees for additional
<br />chemical testing and treatment services, unless such additional testing and services are otherwise stated in the proposal.
<br />Major repairs, if covered, such as the dismantling of components, the opening of refrigeration systems, and the evacuation and recharging
<br />of the same, in the event of refrigerant loss, etc., will be performed during normal working hours, unless otherwise stated in the Agreement.
<br />8. Repairs By Others
<br />
<br />Unless made by or approved by Icon in writing, any changes, adjustments, service or repairs made to the equipment may, at Icon's option,
<br />terminate Icon's obligation to render further service to the equipment so affected. In such case, no adjustment to the service fee shall be
<br />made and no refund of any portion of the service fee shall be made.
<br />9. Unusual Circumstances
<br />Icon shall not be liable for delays in or failure to render services, including water treatment services and chemical testing, additional boiler
<br />inspections, boiler testing and services, or the delivery of any equipment or parts, due to fire, flood, strike or other labor difficulty, act of
<br />God, act of any Governmental Authority or of Customer, riot, war, embargo, fuel or energy shortage, wrecks or delay in transportation,
<br />inability to obtain necessary labor, materials or equipment from usual sources, or due to any cause beyond Icon’s reasonable control.
<br />In the event of delay in performance due to any such cause, the date of delivery or time of completion will be extended by the period of time
<br />reasonably necessary to overcome the effect of such delay. If the equipment or parts included in this Agreement become temporarily or
<br />permanently unavailable for reasons beyond the control of Icon, Icon shall be excused from furnishing said equipment or parts and
<br />reimbursed for the difference between cost of equipment or parts unavailable and the cost of an available reasonable substitute.
<br />10. Limitation of Liability/Indemnification
<br />Customer’s exclusive remedy and Icon’s exclusive liability under this Agreement or otherwise (including negligence) shall be for direct
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<br />DocuSign Envelope ID: ED457002-3AE6-473A-8602-3BAF8B4617CF
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