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16.Indemnity and Liability:Brady Services shall indemnify,defend and hold Customer harmless from any and all claims,actions,costs,expenses,damages and liabilities,including
<br /> reasonable attorneys'fees,resulting from death or bodily injury or damage to real or personal property,to the extent caused by the negligence or misconduct of Brady Services.
<br /> 17.Limitation of Liability.Buyer's exclusive remedy and Seller's exclusive liability under this contract or otherwise(including negligence)shall be for damages which shall in no event
<br /> exceed so much of the purchase price as is applicable to the portion of the particular shipment or services with respect to which damages are claimed.In no event shall Seller be liable to
<br /> Buyer for any other loss or damage,or for any incidental,special or consequential damages of any kind arising in connection with this contract or the products or services sold hereunder.
<br /> 18.Asbestos and Hazardous Materials: Brady Services expressly exclude any identification,abatement,cleanup,control,disposal,removal or other work connected with asbestos or
<br /> other hazardous materials(collectively,"Hazardous Materials").Should Brady Services become aware of or suspect the presence of Hazardous Materials,Brady Services may immediately
<br /> stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws
<br /> and regulations. Customer shall be exclusively responsible for any claims,liability,fees and penalties,and the payment thereof,arising out of or relating to any Hazardous Materials on or
<br /> about the premises,not brought onto the premises by Brady Services. Brady Services shall be required to resume performance of the services only when the affected area has been
<br /> rendered harmless.
<br /> 19.Insurance:Brady Services maintains insurance in the following minimum amounts during the Term:Commercial General Liability--$1,000,000 per occurrence;Automobile Liability--
<br /> $1,000,000 CSL;Workers Compensation--Statutory Limits. If Customer has requested to be named as an additional insured under Brady Services insurance policy,Brady Services will
<br /> do so but only to the extent of Brady Services indemnity assumed under the indemnity provision contained herein. Brady does not waive any rights of subrogation.
<br /> 20.Performance. Services will be performed during normal working hours with any overtime or emergency labor billed separately,unless otherwise agreed to in writing.Duty to perform
<br /> under this agreement and the price hereof are subject to the approval of Brady Services.Upon disapproval of the credit department or upon the occurrence of any such event as aforesaid,
<br /> Brady Services may delay performance or,at its option,renegotiate prices,terms and conditions with the Customer. If Brady Services and Customer are unable to agree on such
<br /> revisions,this agreement shall be canceled without any liability,other than Customer's obligation to pay for services rendered by Brady Services to the date of cancellation.
<br /> 21.General.This agreement contains all of the agreements,representations and understandings of the parties and supersedes all previous understandings,commitments or agreements,
<br /> oral or written,related to the subject matter hereof.If any part of this agreement is deemed to be unlawful,invalid,void or otherwise unenforceable,the rights and obligations of the parties
<br /> shall be reduced only to the extent required to remove the invalidity or unenforceability.Customer may not assign,transfer,or convey this agreement,or any part hereof,without the written
<br /> consent of Brady Services.Subject to the foregoing,this agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns.No modifications,
<br /> additions or changes may be made to this agreement except in a writing signed by Brady Services.
<br /> 22.Captions.The titles contained in this contract are for reference purposes only and shall not affect in any way the meaning or interpretation of this contract.
<br /> 23.Severability.In any provision of this contract shall be prohibited or invalid,such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the
<br /> remainder of such provision and the remaining provisions of this contract.
<br /> 24.Amendment.This contract is intended as the final expression of the parties'agreement and is the complete and exclusive statement of the terms thereof.No statements or
<br /> agreements,oral or written,made prior to or at the signing hereof,shall vary or modify the written terms hereof;and neither party shall claim any amendments,modification or release from
<br /> any provision hereof by reason of(a)a course of action or mutual agreement unless such agreement is in writing signed by the other party and specifically stating it as an amendment to
<br /> the contract,(b)course of performance,or(c)usage of trade.No modification or addition to the contract shall be effected by the acknowledgement or acceptance by Seller of any purchase
<br /> order,acknowledgement,release or other forms submitted by Buyer containing other or different terms or conditions.
<br /> Applicable only in the United States:
<br /> 25.Equal Employment Opportunity/Affirmative Action Clause.Brady Services is a federal contractor which complies fully with Executive Order 11246,as amended,and the applicable
<br /> regulations contained in 41 C.F.R.Parts 60-1 through 60-60,29 U.S.C.Section 793 and the applicable regulations contained in 41 C.F.R.Part 60-741;and 38 U.S.C.Section 4212 and
<br /> the applicable regulations contained in 41 C.F.R.Part 60-250.
<br /> INC General Contractor License—63159
<br /> NC Mechanical Contractor License-20378
<br /> NC Burglar Alarm License—2595-CSA
<br /> NC Low Voltage Electrical License-25289-SP.FA/LV
<br /> SC Mechanical Contractor's License—M102151
<br /> SC General Contractor License—G119308
<br /> SC Security License-**not required in SC*
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