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services and adjustments on the boiler systems, or on systems where safety systems have been altered or bypass or on any systems
<br />where fuel oil ‘pooling’, gas odors, exposed piping, suspected asbestos or other safety hazards exist.
<br />If Brady 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 Brady'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 Brady, its agents or employees. If any other person, including Customer's subrogating insurer, makes any claim or files
<br />any lawsuit against Brady in any way relating to the services, system or equipment that are the subjects of this Agreement then Customer
<br />shall indemnify and hold Brady 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 Brady 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 Brady and its agents, employees,
<br />contractors, subsidiaries, affiliates, and vendors. If this Agreement provides for a direct connection to a municipal police or fire department
<br />or other organization, then that department or other organization may also invoke the provisions of this section against any claims due to
<br />any failure of such department or organization. Brady is not responsible for the preservation of any computer programs or data and
<br />Customer is responsible for maintaining adequate back-ups.
<br />12. Warranty
<br />Brady’s warranty with respect to manufactured material supplied is limited to the manufacturer’s warranty (if any). In no event shall Brady
<br />be liable to Customer for any breach of the manufacturer’s warranty or for any consequential or special damages or for transportation or
<br />other expenses, which may arise in connection with any defective goods.
<br />Brady’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 Brady’s obligation under this warranty is limited to correcting any improperly performed labor. In no event shall Brady be
<br />liable to Customer for any breach of the labor warranty or for any consequential or special damages or for other expenses, which may arise
<br />in connection with any improperly performed labor.
<br />Brady makes no warranty with respect to systems performance or emissions readings between preventive maintenance inspections and
<br />exhaust gas analysis. Additionally, Brady 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 Brady’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 Brady or from parts, accessories, attachments or
<br />other devices not furnished by Brady;
<br />b. Customer's failure to properly follow operating instructions provided by Brady;
<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 Brady’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, Brady may bill Customer for the service call whether or not Brady
<br />actually works on the Customer’s system. If repairs are required due to one of the above “Conditions,” Brady will charge Customer for such
<br />work on a time and materials basis at Brady’s then applicable rates for labor and materials.
<br />14. Non-solicitation of Employees
<br /> Each Party acknowledges that the other Party has expended significant time, effort and expense in the hiring, training, and retention of its
<br />employees in conjunction with providing specialized services, such as those provided in this Agreement, and therefore shall not, during the
<br />term of this Agreement and for a period of one year thereafter, either directly or indirectly, solicit for employment or employ any current or
<br />former employee of the other within one year of such termination of employment date, with whom such Party has had any contact during
<br />the course of this Agreement.
<br />15. Additional Services
<br />Service fees are premised on the equipment being in operable and maintainable condition. If an inspection by Brady prior to or during the
<br />performance of services reveals that additional services or repairs are necessary, outside the scope of this Agreement, Brady shall notify
<br />Customer.
<br />Customer may instruct Brady to perform such repairs in writing, and Brady shall perform those services or repairs at the currently
<br />established rates (including rates reflecting overtime labor costs for services provided outside normal business hours). These additional
<br />services will be billed to the Customer pursuant to the terms of this Agreement.
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<br />Docusign Envelope ID: 8F5DCB9B-8A3A-4922-BD01-FE7AA100DA32
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