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<br />, ,:L) CONDII'IONS
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<br />(;! ..'.:~ HAl f'I]OVISIONS
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<br />/,, ~,~ ~'~'r~.Fmcy '.,erv~ces under this agreement will be performed dunng normal working hours
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<br />Ch(,nl wdl i~towde reasonable means o! access to all equipment covered by th~s agreement. Honeywell will be free to start and
<br />slop all pmnary equipment incidental to the operation of the mechanical system(s) as arranged with Chent's representative.
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<br />Churn vvdl promptly notify Honeywell of any malfunction in the system(s) which comes to Clienfs attention.
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<br />TERM
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<br />Unless otherwme specified, the agreement will commence on the date indicated for a term of one year and shall continue from
<br />year to year until terminated, Either party may terminate this agreement by giving written notice thirty (30) days prior to the
<br />annwersary date.
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<br />In tl~e event the system or any equipment component thereof, is altered, modified, changed, or moved, this agreement is im-
<br />medialely teu'ninable at Honeywell's option.
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<br />CHARGES
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<br />in addition to tt~e price set forth, Client will be liable for the amount of any present and future taxes or any other governmental
<br />ct~a~ges now o~ hereafter imposed by existing or future laws with the respect to transfer, use, ownership or possession of the
<br />equipment to which this schedule relates.
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<br />The agreement price may be adjusted yearly based on prevailing labor and material costs.
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<br /> LIMITATION OF LIABILITY
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<br />Honeywell will not be liable for damages caused by delay in furnishing or failure to furnish services due to fire, flood, strike,
<br />lockout, dispute with workmen, inability to obtain material, commotion, war, act of God, or any other cause beyond Honeywell's
<br />reasonable control.
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<br />For services other than fire alarm and security systems maintenance, Ho,,eywell's responsibility for any damages to persons or
<br />properly that may be caused by Honeywell's acts or omissions in performing or failing to perform its obligations under this
<br />agreement shall b~ limited to direct damages. Also, Honeywell does not hereby warrant or guarantee that Client's system(s) will
<br />not malfunction or cease to operate, either during the term of this agreement or afterwards. As to fire alarm and security systems
<br />maintenance, it is agreed Honeywell is not an insurer and will not be liable for, and Client agrees to indemnify and save
<br />Honeywell harmless in respect of, any injury, damage or claim, to persons or property, that may arise through the operation or
<br />maintenance of the system(s), or lack of failure thereof.
<br />
<br />In no event will Honeywell be liable for any indirect, incidental, or consequential damages, including but not limited to, loss of
<br />business, loss of use, and loss of profits.
<br />
<br />Honeywell.will not make repairs or replacements necessitated by reason of negligence or misuse of the equipment by others,
<br />or caused by lightning, electrical storm or other violent weather, or by any other cause beyond our control except ordinary wear
<br />and tear.
<br />
<br />Client agrees to maintain its own customary insurance for the premise and hereby waives all rights against Honeywell for any
<br />loss to Client's premises resulting from any of the perils insured against, regardless of their cause.
<br />
<br />Honeywell will not be required to make safeW tests or to install new attachments, additional controls, or equipment as recom-
<br />mended or directed by any insurance company, laboratory, governmental authority, or any other source, or to make replace-
<br />ments mentioned herein with parts or devices of a different design for any reason.
<br />
<br />This schedule assumes the systems covered to be in maintainable condition. If repairs are found necessary upon initial inspection
<br />or initial seasonal startup, repair charges will be submitted for approval. Should these charges be declined, those nonmain-
<br />tainable items will be eliminated from the program and the agreement price adjusted accordingly.
<br />
<br />It is understood that the repair, replacement and emergency service provisions apply only to the systems and equipment covered
<br />by this schedule. Repair or replacement of nonmaintainable parts of the system such as. but not limited to, ductwork, pipingl shell
<br />and tube (for boilers, evaporators, condensers and chillers), unit cabinets, boiler refractory material, insulating material, electrical
<br />wiring, hydronic and pneumatic piping, structural supports, other non-moving parts, is not included under the agreement.
<br />
<br />Valve and damper maintenance and repair is included in this schedule. The labor required for their removal and reinstallation is
<br />not included.
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<br />If an emergency service call is made at Client's request and inspection does not reveal any defect for which Honeywell is liable,
<br />Client will be liable for regular charges prevailing 'or such service.
<br />
<br />Honeywell's obligation under this agreement is to use its best efforts to service and maintain Client's system(s) as provided in
<br />this agreement.
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