Agenda - Council - 02/22/1982 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I I TEiih,'iS AND CONDITIONS GENERAL PROVISIONS All ~or~ [;musgency services under this agreement will be pertormed dunng normal working hours Ct~ent wdl prowde reasonable means of access to all equipment covered by this agreement Honeywell will be free to start and stol) all l~umary equipment incidental to the operation of the mechanical system(s) as arranged with Client's representative. TERM Unk;ss otherwise specified, the agreement will commence on the date indicated for a term of one year and shall continue from year to year until lerminated. Either party may terminate th~'s agreement by giving written notice thirty (30) days prior to the anrl~versar¥ date. In the evorlt the system or any equipment component thereof, is altered, modified, changed, or moved, this agreement is n~c(i~aloiy terminated at Honeywell's option. CHARGES . In ~dditon to the price set forth, Client will be liable for the amount of any present and future taxes or any other governmental cha~gcs now or hereafter imposed by existing or future laws with the respect to the transfer, use. ownership or possession of the equipment to which lhis schedule relates. The agreement price may be adjusted yearly based on prevailing labor and material costs. LIMITATION OF LIABILITY Honeywell will not be liable for damages caused by delay in furnishing or failure to furnish service due to fire. flood, strike. lockout, dispute with workmen, inability to obtain material, commotion, war, act of God, or any other cause beyond Honeywell's reasonable conlrol. Honeywell's responsibility for any damages to persons or property that may be caused by Honeywell's acts or omissions in per- forming or failing to perform its obligations under this agreement shall be limited to direct damages, Also, Honeywell does not hereby warranl or guarantee that Client's system(s) will not malfunction or cease to operate, either dur, ing the term of this agree- merit or afterwards, In no event will Honeywell be liable for any indirect, incidental, or consequential damages, including but not limited to, loss of business, loss of use, and loss of profits. Honeywell will not make repairs or replacements necessitated by reason of negligence or misuse of the equipment by others, or caused by lightning, electrical storm or other violent weather, or by any other cause beyond our control except ordinary wear and tear. Client agrees to maintain its own customary insurance for the premise and hereby waives all rights against Honeywell for any loss to Client's premises resulting from any of the perils insured against, 'regardless of their cause. Honeywell will not be required to make safety tests or to install new attachments, additional controls, or equipment as recom- mended or directed by any insurance company, laboratory, governmental authority, or any other source, or to make replace- ments mentioned herein with parts or devices of a different design for any reason. This schedule assumes the systems covered to be in maintainable condition. If repairs are found necessary upon initial inspection or initial seasonal startup, repair charges will be submitted for approval. Should these charges be declined, those nonmain- tainable items will be eliminated from the program and the agreement price adjusted accordingly. If an emergency service call is made at Client's request and inspection does not reveal any defect for which Honeywell is liable: Client will be liable for regular charges prevailing for such service. HoneywelFs obligation under this agreement is to use its best efforts to service and maintain Client's system(s) as provided in this agreement.