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damages, which shall in no event exceed so much of the purchase price as is applicable to the portion of the particular services with
<br />respect to which damages are claimed. In no event shall Icon be liable to Customer, nor shall Icon have any obligation to indemnify
<br />Customer, for any other loss or damage, or for any incidental, special or consequential damages of any kind, or for the loss of use of
<br />Customer's facilities, its loss of revenue, or for any similar or dissimilar consequential damages with regard to the operation, non-operation
<br />or failure of the equipment, or damage to property or other injury arising from this Agreement. This exclusion applies regardless of whether
<br />such damages or indemnification are sought based on breach of warranty, breach of contract, negligence, strict liability in tort, or any other
<br />legal theory.
<br />In no event shall Icon be liable for any damages (whether direct or indirect) resulting from hazardous materials, mold, fungus, bacteria,
<br />microbial growth, or other contaminates or airborne biological agents. Additionally, Icon shall not be liable for any damages (whether direct
<br />or indirect) resulting from work performed on boiler systems where in the Customer has permitted untrained personnel to perform services
<br />and adjustments on the boiler systems, or on systems where safety systems have been altered or bypassed or on any systems where fuel
<br />oil ‘pooling’, gas odors, exposed piping, suspected asbestos or other safety hazards exist.
<br />If Icon is found liable for loss, damage or injury under any legal theory due to a failure of the Customer’s services, system or equipment in
<br />any respect, its liability shall be limited to a sum equal to 10% of the Annual Service Charge or $1,000, whichever is greater, as agreed
<br />upon damages and not as a penalty, as Customer's sole remedy. The provisions of this Section shall apply no matter how the loss,
<br />damage or injury or other consequence occurs, even if due to Icon's performance or non-performance of its obligations under this
<br />Agreement or from negligence, active or otherwise, strict liability, violation of any applicable consumer protection law or any other alleged
<br />fault on the part of Icon, its agents or employees. If any other person, including Customer's subrogating insurer, makes any claim or files
<br />any lawsuit against Icon in any way relating to the services, system or equipment that are the subjects of this Agreement then Customer
<br />shall indemnify and hold Icon harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs
<br />and attorneys' fees.
<br />11. Discovery Period
<br />No suit or action shall be brought against Icon or its agents, employees, subsidiaries, affiliates or parents (both direct and indirect) more
<br />than one year after the incident that resulted in the loss, injury or damage occurred, or the shortest duration permitted under applicable law
<br />if such period is greater than one year. The provisions of this section shall apply to and benefit Icon and its agents, employees, contractors,
<br />subsidiaries, affiliates, and vendors. If this Agreement provides for a direct connection to a municipal police or fire department or other
<br />organization, then that department or other organization may also invoke the provisions of this section against any claims due to any failure
<br />of such department or organization. Icon is not responsible for the preservation of any computer programs or data and Customer is
<br />responsible for maintaining adequate back-ups.
<br />12. Warranty
<br />Icon’s warranty with respect to manufactured material supplied is limited to the manufacturer’s warranty (if any). In no event shall Icon be
<br />liable to Customer for any breach of the manufacturer’s warranty or for any consequential or special damages or for transportation or other
<br />expenses, which may arise in connection with any defective goods.
<br />Icon’s warranty with respect to labor is that the services have been properly performed. The labor warranty is for a period of 90 days from
<br />completion and Icon’s obligation under this warranty is limited to correcting any improperly performed labor. In no event shall Icon be liable
<br />to Customer for any breach of the labor warranty or for any consequential or special damages or for other expenses, which may arise in
<br />connection with any improperly performed labor.
<br />Icon makes no warranty with respect to systems performance or emissions readings between preventive maintenance inspections and
<br />exhaust gas analysis. Additionally, Icon makes no warranty or representation with respect to work performed on systems where in the
<br />Customer has permitted untrained personnel to perform services and adjustments on the boiler systems, or on systems where safety
<br />systems have been altered or bypass or on any systems where fuel oil ‘pooling’, gas odors, exposed piping, suspected asbestos or other
<br />safety hazards exist.
<br />THESE WARRANTIES ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
<br />INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
<br />13. Exceptions to Warranty
<br />The following “Conditions” are not covered by Icon’s warranty:
<br />a. Damage or extra service needed as the result of accidents, acts of God, lightning, strikes, riots, floods, terrorism, acts of war,
<br />alteration, misuse, tampering or abuse, adjustments, repairs or maintenance not done by Icon or from parts, accessories, attachments or
<br />other devices not furnished by Icon;
<br />b. Customer's failure to properly follow operating instructions provided by Icon;
<br />c. Adjustments necessitated by misalignment of video cameras, improper adjustment of monitor brightness and contrast tuning dials
<br />or insufficient light on the area viewed by the camera(s);
<br />d. Trouble due to interruption of Telecom Service;
<br />e. Battery failure;
<br />f. Devices designed to fail in protecting the Customer’s systems, such as, but not limited to, fuses and circuit breakers; or
<br />g. Changes to the Customer’s system requested by Customer.
<br />If Customer requests service under the Warranty and Icon’s representative finds that one of the “Conditions” has led to the inoperability or
<br />apparent inoperability of the Customer’s system, or any component, Icon may bill Customer for the service call whether or not Icon actually
<br />works on the Customer’s system. If repairs are required due to one of the above “Conditions,” Icon will charge Customer for such work on a
<br />time and materials basis at Icon’s then applicable rates for labor and materials.
<br />14. Non-solicitation of Employees
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<br />DocuSign Envelope ID: ED457002-3AE6-473A-8602-3BAF8B4617CF
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