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<br />
<br />g. Customer shall provide Brady personnel with the
<br />usual required utilities (water, electricity, compressed air, etc.)
<br />and special tools and equipment normally used for such
<br />services 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
<br />sufficient service access space, as well as safe, clean and
<br />unobstructed access to all equipment to be serviced.
<br />j. Customer shall provide professional ancillary
<br />services, (i.e. systems water treatment, etc.) not included in
<br />the Agreement, in accordance with Brady’s reasonable written
<br />recommendations.
<br />k. Customer shall disclose in writing to Brady any
<br />known environmental risks or hazards, including asbestos,
<br />mold, or other 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
<br />and drainage systems appropriate for flushing of chemically
<br />treated systems.
<br />n. Customer shall disclose flooding or flooding
<br />damages arising from pump failures, broken or corroded
<br />piping, chemical treatment tubing failure, or other system
<br />failures associated with systems service with or relating to
<br />Water Treatment Services.
<br />o. Customers receiving water treatment shall provide
<br />new equipment start up in accordance with manufacturer’s
<br />requirements, including initial chemical treatments for
<br />passivation or other appropriate system treatments, and
<br />provide copies of startup documentation to Brady.
<br />p. Customers receiving water treatment shall disclose
<br />in writing to Brady any changes to systems operations,
<br />including but not limited to:
<br /> 1. change in water supply [city water to reclaimed
<br />water], or
<br /> 2. equipment operation failure impacting proper
<br />water flows or preventing treatment measurement
<br />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
<br />boiler or generator exhaust, bacterial growth, legionella or
<br />SRBs.
<br />
<br />6. Asbestos and Hazardous Materials
<br />
<br />Brady expressly excludes any identification, abatement,
<br />cleanup, control, disposal, removal or other work connected
<br />with asbestos or other hazardous materials (collectively,
<br />“Hazardous Materials”). Should Brady become aware of or
<br />suspect the presence of Hazardous Materials, Brady may
<br />immediately stop work in the affected area and shall notify
<br />Customer. Customer will be responsible for taking any and all
<br />action necessary to correct the condition in accordance with all
<br />applicable laws and regulations. Customer shall be
<br />exclusively responsible for any claims, liability, fees and
<br />penalties, and the payment thereof, arising out of or relating to
<br />any Hazardous Materials on or about the premises, not
<br />brought onto the premises by Brady. Brady shall be required
<br />to resume performance of the services only when the affected
<br />area has been rendered harmless.
<br />
<br />7. Major Repairs
<br />
<br />Major repairs, if covered, such as the dismantling of
<br />components, the opening of refrigeration systems, and the
<br />evacuation and recharging of the same, in the event of
<br />refrigerant loss, etc., will be performed during normal working
<br />hours, unless otherwise 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
<br />such additional testing and services are otherwise stated in the
<br />proposal.
<br />
<br />Major repairs related to water treatment, if covered, such as
<br />the dismantling of components, may result in additional fees
<br />for additional chemical testing and treatment services, unless
<br />such 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
<br />adjustment to the service fee shall be made and no refund of
<br />any portion of the service fee shall be made.
<br />
<br />9. Unusual Circumstances
<br />
<br />Brady shall not be liable for delays in or failure to render
<br />services, including water treatment services and chemical
<br />testing, additional boiler inspections, boiler testing and
<br />services, or the delivery of any equipment or parts, due to fire,
<br />flood, strike or other labor difficulty, act of God, act of any
<br />Governmental Authority or of Customer, riot, war, embargo,
<br />fuel or energy shortage, wrecks or delay in transportation,
<br />inability to obtain necessary labor, materials or equipment from
<br />usual sources, or due to any cause beyond Brady’s
<br />reasonable control.
<br />
<br />In the event of delay in performance due to any such cause,
<br />the date of delivery or time of completion will be extended by
<br />the period of time reasonably necessary to overcome the
<br />effect of such delay. If the equipment or parts included in this
<br />Agreement become temporarily or permanently unavailable for
<br />reasons beyond the control of Brady, Brady shall be excused
<br />from furnishing said equipment or parts and reimbursed for the
<br />difference between cost of equipment or parts unavailable and
<br />the cost of an available reasonable substitute.
<br />
<br />10. Limitation of Liability/Indemnification
<br />
<br />Customer’s exclusive remedy and Brady’s exclusive liability
<br />under this Agreement or otherwise (including negligence) shall
<br />be for direct damages, which shall in no event exceed so
<br />much of the purchase price as is applicable to the portion of
<br />the particular services with respect to which damages are
<br />claimed. In no event shall Brady be liable to Customer, nor
<br />shall Brady have any obligation to indemnify Customer, for any
<br />other loss or damage, or for any incidental, special or
<br />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
<br />dissimilar consequential damages with regard to the operation,
<br />non-operation or failure of the equipment, or damage to
<br />property or other injury arising from this Agreement. This
<br />exclusion applies regardless of whether such damages or
<br />indemnification are sought based on breach of warranty,
<br />breach of contract, negligence, strict liability in tort, or any
<br />other legal theory.
<br />
<br />In no event shall Brady be liable for any damages (whether
<br />direct or indirect) resulting from hazardous materials, mold,
<br />fungus, bacteria, microbial growth, or other contaminates or
<br />airborne biological agents. Additionally, Brady shall not be
<br />liable for any damages (whether direct or indirect) resulting
<br />Docusign Envelope ID: 3B01E8C5-43A2-424D-967C-3C14D0C78675
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