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<br />from work performed on boiler systems where in the Customer
<br />has permitted untrained personnel to perform services and
<br />adjustments on the boiler systems, or on systems where
<br />safety systems have been altered or bypass or on any
<br />systems where fuel oil ‘pooling’, gas odors, exposed piping,
<br />suspected asbestos or other safety hazards exist.
<br />
<br />If Brady is found liable for loss, damage or injury under any
<br />legal theory due to a failure of the Customer’s services,
<br />system or equipment in any respect, its liability shall be limited
<br />to a sum equal to 10% of the Annual Service Charge or
<br />$1,000, whichever is greater, as agreed upon damages and
<br />not as a penalty, as Customer's sole remedy. The provisions
<br />of this Section shall apply no matter how the loss, damage or
<br />injury or other consequence occurs, even if due to Brady's
<br />performance or non-performance of its obligations under this
<br />Agreement or from negligence, active or otherwise, strict
<br />liability, violation of any applicable consumer protection law or
<br />any other alleged fault on the part of Brady, its agents or
<br />employees. If any other person, including Customer's
<br />subrogating insurer, makes any claim or files any lawsuit
<br />against Brady in any way relating to the services, system or
<br />equipment that are the subjects of this Agreement then
<br />Customer shall indemnify and hold Brady harmless from any
<br />and all such claims and lawsuits including the payment of all
<br />damages, expenses, costs and attorneys' fees.
<br />
<br />11. Discovery Period
<br />
<br />No suit or action shall be brought against Brady or its agents,
<br />employees, subsidiaries, affiliates or parents (both direct and
<br />indirect) more than one year after the incident that resulted in
<br />the loss, injury or damage occurred, or the shortest duration
<br />permitted under applicable law if such period is greater than
<br />one year. The provisions of this section shall apply to and
<br />benefit Brady and its agents, employees, contractors,
<br />subsidiaries, affiliates, and vendors. If this Agreement provides
<br />for a direct connection to a municipal police or fire department
<br />or other organization, then that department or other
<br />organization may also invoke the provisions of this section
<br />against any claims due to any failure of such department or
<br />organization. Brady is not responsible for the preservation of
<br />any computer programs or data and Customer is responsible
<br />for maintaining adequate back-ups.
<br />
<br />12. Warranty
<br />
<br />Brady’s warranty with respect to manufactured material
<br />supplied is limited to the manufacturer’s warranty (if any). In no
<br />event shall Brady be liable to Customer for any breach of the
<br />manufacturer’s warranty or for any consequential or special
<br />damages or for transportation or other expenses, which may
<br />arise in connection with any defective goods.
<br />
<br />Brady’s warranty with respect to labor is that the services have
<br />been properly performed. The labor warranty is for a period of
<br />90 days from completion and Brady’s obligation under this
<br />warranty is limited to correcting any improperly performed
<br />labor. In no event shall Brady be liable to Customer for any
<br />breach of the labor warranty or for any consequential or
<br />special damages or for other expenses, which may arise in
<br />connection with any improperly performed labor.
<br />
<br />Brady makes no warranty with respect to systems
<br />performance or emissions readings between preventive
<br />maintenance inspections and exhaust gas analysis.
<br />Additionally, Brady makes no warranty or representation with
<br />respect to work performed on systems where in the Customer
<br />has permitted untrained personnel to perform services and
<br />adjustments on the boiler systems, or on systems where
<br />safety systems have been altered or bypass or on any
<br />systems where fuel oil ‘pooling’, gas odors, exposed piping,
<br />suspected asbestos or other safety hazards exist.
<br />
<br />THESE WARRANTIES ARE EXPRESSLY MADE IN LIEU OF
<br />ANY AND ALL OTHER WARRANTIES, EXPRESS OR
<br />IMPLIED, INCLUDING THE WARRANTIES OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br />PURPOSE.
<br />
<br />13. Exceptions to Warranty
<br />
<br />The following “Conditions” are not covered by Brady’s
<br />warranty:
<br />a. Damage or extra service needed as the result of
<br />accidents, acts of God, lightning, strikes, riots, floods,
<br />terrorism, acts of war, alteration, misuse, tampering or abuse,
<br />adjustments, repairs or maintenance not done by Brady or
<br />from parts, accessories, attachments or other devices not
<br />furnished by Brady;
<br />b. Customer's failure to properly follow operating
<br />instructions provided by Brady;
<br />c. Adjustments necessitated by misalignment of video
<br />cameras, improper adjustment of monitor brightness and
<br />contrast tuning dials or insufficient light on the area viewed by
<br />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
<br />systems, such as, but not limited to, fuses and circuit breakers;
<br />or
<br />g. Changes to the Customer’s system requested by
<br />Customer.
<br />
<br />If Customer requests service under the Warranty and Brady’s
<br />representative finds that one of the “Conditions” has led to the
<br />inoperability or apparent inoperability of the Customer’s
<br />system, or any component, Brady may bill Customer for the
<br />service call whether or not Brady actually works on the
<br />Customer’s system. If repairs are required due to one of the
<br />above “Conditions,” Brady will charge Customer for such work
<br />on a time and materials basis at Brady’s then applicable rates
<br />for labor and materials.
<br />
<br />14. Non-solicitation of Employees
<br />
<br />Each Party acknowledges that the other Party has expended
<br />significant time, effort and expense in the hiring, training, and
<br />retention of its employees in conjunction with providing
<br />specialized services, such as those provided in this
<br />Agreement, and therefore shall not, during the term of this
<br />Agreement and for a period of one year thereafter, either
<br />directly or indirectly, solicit for employment or employ any
<br />current or former employee of the other within one year of
<br />such termination of employment date, with whom such Party
<br />has had any contact during the course of this Agreement.
<br />
<br />15. Additional Services
<br />
<br />Service fees are premised on the equipment being in operable
<br />and maintainable condition. If an inspection by Brady prior to
<br />or during the performance of services reveals that additional
<br />services or repairs are necessary, outside the scope of this
<br />Agreement, Brady shall notify Customer.
<br />
<br />Customer may instruct Brady to perform such repairs in
<br />writing, and Brady shall perform those services or repairs at
<br />the currently established rates (including rates reflecting
<br />overtime labor costs for services provided outside normal
<br />business hours). These additional services will be billed to the
<br />Customer pursuant to the terms of this Agreement.
<br />
<br />Docusign Envelope ID: 3B01E8C5-43A2-424D-967C-3C14D0C78675
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