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In the event of delay in performance due to any such cause, the date of delivery or time of completion will be extended by the period of time
<br />reasonably necessary to overcome the effect of such delay. If the equipment or parts included in this Agreement become temporarily or
<br />permanently unavailable for reasons beyond the control of Brady, Brady shall be excused from furnishing said equipment or parts and
<br />reimbursed for the difference between cost of equipment or parts unavailable and the cost of an available reasonable substitute.
<br />10. Limitation of Liability/Indemnification
<br />Customer’s exclusive remedy and Brady’s exclusive liability under this Agreement or otherwise (including negligence) shall be for direct
<br />damages, which shall in no event exceed so much of the purchase price as is applicable to the portion of the particular services with
<br />respect to which damages are claimed. In no event shall Brady be liable to Customer, nor shall Brady have any obligation to indemnify
<br />Customer, for any other loss or damage, or for any incidental, special or 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 dissimilar consequential damages with regard to the operation, non-operation
<br />or failure of the equipment, or damage to property or other injury arising from this Agreement. This exclusion applies regardless of whether
<br />such damages or indemnification are sought based on breach of warranty, breach of contract, negligence, strict liability in tort, or any other
<br />legal theory.
<br />In no event shall Brady be liable for any damages (whether direct or indirect) resulting from hazardous materials, mold, fungus, bacteria,
<br />microbial growth, or other contaminates or airborne biological agents. Additionally, Brady shall not be liable for any damages (whether
<br />direct or indirect) resulting from work performed on boiler systems where in the Customer has permitted untrained personnel to perform
<br />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, alteration,
<br />misuse, tampering or abuse, adjustments, repairs or maintenance not done by Brady or from parts, accessories, attachments or other
<br />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 or
<br />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.
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<br />Docusign Envelope ID: 4B6C7BBC-D8D2-43E5-8931-76E0D9A1DE19
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