2023-487-E-AMS-southern air-Preventive Boiler Maintenance Agreement

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License Numbers: VA 2701001733 • WV 001545 • NC L.34582 & U.33082 Preventive Maintenance Terms and Conditions 7. Site Conditions: The Customer is responsible for providing the Contractor with clear and safe access to its facilities and equipment during the Contractor’s normal working hours. This includes allowing the Contractor to start and stop the equipment as required to perform the services contemplated hereunder. The Contractor shall not be responsible for relocation, replacement or alteration of the Customer’s building structure or any components thereof. The Contractor’s rates under this Agreement are contingent upon the Customer’s equipment being in a maintainable condition. If further inspection or subsequent events reveal this not to be the case, the Contractor shall provide the Customer with a quote for the necessary repairs. In the event that Customer elects not to authorize such repairs, the Contractor may either remove the unacceptable system(s), component(s), or part(s) from the scope of work of this Agreement and adjust its rates for the Agreement accordingly or cancel the Agreement. During the term of this Agreement, the Customer shall permit only the Contractor’s personnel or agents to perform the work included in the scope of this Agreement. In the event that others perform such work, the Contractor may elect to remove the affected equipment from the scope of work or cancel this Agreement. The Customer will notify the Contractor of any known defect, modification, or alteration of the covered equipment. Contractor has the option to adjust its fees or cancel the Agreement if the Customer makes material alterations to its facilities and/or to the equipment covered by this Agreement. The Contractor and Customer shall make available to one another all pertinent Material Safety Data Sheets (MSDS) pursuant to the OSHA Hazard Communication Standard Regulations. The Contractor’s obligations under this Agreement do not include the identification or removal of asbestos products or other hazardous substances. In the event that such products or substances are encountered, the Contractor’s sole obligation will be to notify the Customer of the existence of such products and substances. The Contractor shall have the right to suspend its work until such hazards are removed by the Customer, and the Contractor shall be entitled to an extension of time and to an equitable price adjustment for resulting suspensions or delays of its work. 8. Insurance: The Contractor shall maintain workers compensation insurance as required by the states where its services are provided. Coverages for bodily injury and property damage shall be maintained in accordance with industry standards, and the Contractor agrees to provide the Customer with satisfactory evidence that such insurance policies are in force. 9. Contractor Personnel: The Contractor shall provide qualified, properly trained and licensed personnel along with the necessary tools and equipment to perform the services under this Agreement. Customer agrees that during the course of this Agreement and for a period of one (1) year following the expiration thereof, however caused, Customer will not, without the express written consent of the Contractor, solicit or entice any employee of Contractor, who provided services under this Agreement to Customer, to leave employment with the Contractor for any purpose which is in competition with the services which are provided by the Contractor to the general public. Notwithstanding the above, the hiring of an individual as an employee in response to: (a) a general advertisement in a periodical, newspaper, internet source and the like, or (b) the voluntary inquiry by an employee concerning employment shall not be prohibited. In recognition of the Contractor’s investment in and reliance on its personnel in providing these services, the Customer further agrees that violation of this provision shall entitle the Contractor to remuneration from the Customer equal to thirty percent (30%) of the first year compensation for any of Contractor’s employees hired during the specified time period in addition to any other legal or equitable remedies which may be available to Contractor. Customer further agrees to pay Contractor’s reasonable attorneys’ fees and costs, if Contractor is the prevailing party in any dispute arising out of this provision. 10. Other: The Contractor and the Customer agree that these Terms and Conditions along with the attached schedules represent the entire Agreement between the parties. No other terms, scope of work, discussions or representations whether verbal or written which are not specifically contained herein shall be binding upon the parties to this Agreement. This Agreement is the property of the Contractor and is provided with the understanding that it is proprietary and for the Customer’s internal use only. Contractor shall not be held responsible for problems resulting from the original design of the system, obsolete equipment or components, damages attributable to weather conditions, power outages, or other basic utility failures, low voltage, electrical power distribution (whole or in part), low water pressure, safety testing, misuse or abuse of the system by Customer or others, failure of the Customer to properly operate the system, negligence by Customer or others, government regulations imposed subsequent to the date of this agreement, inspections or tests required by Customer’s insurance company and other causes beyond the Contractor’s control. Page 11 of 12 DocuSign Envelope ID: 150F5FF0-7BF2-4B98-90F6-34A8158BF405