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Orange Co Whitted Chiller September 08, 2025
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<br /> Page 15 of 18 © 2025 Trane Technologies. All Rights Reserved.
<br />Confidential and Proprietary Information of Trane U.S. Inc.
<br />counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile
<br />copy hereof or the several counterparts shall suffice as an original.
<br />21. Federal Requirements. The Parties shall comply with all United States federal labor law obligations under 29 CFR part 471, appendix A to subpart A. THE
<br />FOLLOWING PROVISIONS ARE INCORPORATED HEREIN BY REFERENCE: Executive Order 11701 and 41 CFR §§ 60-250.5(a), 60-300.5; Executive Order 11758
<br />and 41 CFR § 60-741.5(a); U.S. immigration laws, including the L-1 Visa Reform Act of 2004 and the H-1B Visa Reform Act of 2004; and Executive Order 13496. The
<br />Parties shall abide by the requirements of 41 CFR 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status
<br />as protected veterans or individuals with disabilities. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to
<br />employ and advance in employment individuals without regard to protected veteran status or disability. The Parties certify that they do not operate any programs promoting
<br />DEI that violate any applicable United States anti-discrimination laws and acknowledge and agree that their compliance with all applicable federal anti-discrimination laws
<br />is material to the federal government’s payment decisions. The Parties acknowledge and agree that their employment, procurement, and contracting practices shall not
<br />consider race, color, sex, sexual preference, religion, or national origin in ways that violate United States federal civil rights laws.
<br />22. U.S. Government Work.
<br />The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this
<br />Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal
<br />contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1).
<br />The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following
<br />mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the sale of the Equipment is in connection with a U.S. Government
<br />contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials,
<br />including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to
<br />all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer
<br />provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written
<br />communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications
<br />related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing
<br />any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this
<br />Agreement.
<br />23. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its
<br />capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides
<br />this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein “Action”) brought against Customer by Company and arising or
<br />alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability
<br />or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States
<br />court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work
<br />was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or
<br />administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction
<br />of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any
<br />ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer
<br />warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and
<br />legally binding obligation of Customer, enforceable in accordance with its terms.
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<br />1-26.130-4 (0225)
<br />Supersedes 1-26.130-4(1024)
<br />Docusign Envelope ID: A027BEC4-9CD8-4C1F-889C-FED6DE495C39
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