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credit or refund for the original purchase price of such defective component 5.4 Customer hereby indemnifies and holds harmless or potion of the Equipment or Services. G & R CONTROLS from and against any damages, losses, costs, liabilities (c) G & R CONTROLS shall not be required to repair or replace more or expenses arising from Customers breach of. or failure to perform its than the component(s) of the Equipment actually found to be defective. obligations under, Sections 5.1, 5.2 or 5.3 above. G & R CONTROLS' warranty liability shall not exceed the purchase price of Article 6: Customer Responsibilities such item. Repa.ir~d or r~placed Eq~ipment will be w~rranted hereunder 6.1 Customer will operate and maintain all Equipment in accordance 0_ the remaining portion of the onglnal warranty pen ad. with applicable manufacturer's specifications, including those set forth in the 4. THE EXPRESS LIMITED WARRANTIES PROVIDED ABOVE manufacturer's operating manuals or instructions, as well as all A IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, requirements of applicable law or of authorities having jurisdiction. Such STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT Equipment shall be operated only in the specified operating environment, LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS which shall be supplied by Customer, including without limitation: (a) FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY suitable electrical service, including clean, stable, properly conditioned DISCLAIMED. G & R CONTROLS MAKES NO WARRANTY, EXPRESS power, to all Equipment; (b) telephone lines, capacity and connectivity as OR IMPLIED, THAT ANY EQUIPMENT PROVIDED HEREUNDER WILL required by such Equipment; and (c) heat, light, air conditioning or other PREVENT ANY LOSS, OR WILL IN ALL CASES PROVIDE THE environmental controls. and other utilities in accordance with the PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. THE specifications for the Equipment Failure to so operate the Equipment will LIMITED EXPRESS WARRANTIES AND REPRESENTATIONS SET terminate immediately any maintenance obligations G & R CONTROLS FORTH IN THIS PMA MAY ONLY BE MODIFIED OR SUPPLEMENTED IN may have hereunder A WRITING SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF 6.2 Customer will promptly notify G & R CONTROLS of any unusual G & R CONTROLS. operating conditions. system malfunctions or building changes that may 4.4 G & R CONTROLS will indemnify Customer from and against affect the Equipment or any Services. losses, claims, expenses and damages (including reasonable attorney's 6.3 Customer will provide G & R CONTROLS with reasonable means fees) for personallnJu.ry or physIcal damage to property, but not loss of use of access to the Equipment and shall make any necessary provisions to of the property resulting from .such d.ama~e or from damage to any work reach the Equipment and peripheral devices. Customer will be solely performed here~n~er. . Such indemnification shall be ~olel~ to the exte~t responsible for any removal, replacement or refinishing of the building caused by or anslng dIrectly from G & R CONTROLS or Its employees, structure or finishes that may be required to gain access to such Equipment. consult~nts' ~r ~gents' negligent acts o.r omissions or willful misconduct i~ 6.4 Customer shall properly dispose of all ballasts, mercury bulb co~ne~lon With Its pe,!orman~e of S~,!,lceS hereunder. G & R c,ONTROLS thermostats, used oil, contaminated filters, contaminated absorbents, obligations under thiS Indem~l~y provIsion sh~11 not extend to.Clalms, losses, refrigerant and any other Hazardous Materials that at any time are present exp~nses and damages a~slng out of or In any way attnbutable to the at Customer's premises, in accordance with all applicable federal, state, and negligence of Customer or Its agents, co~s!-.iIt~~ts or employees other th~n local laws, regulations, and ordinances. At no time and under no G & R CONTROLS.. G & R CONTROLS liability to Customer or any third circumstances will G & R CONTROLS be responsible for any such removal party under thiS Section 4.5 or otherwise under the PMA IS expressly limited or disposal and Customer hereby indemnifies and holds G & R CONTROLS to, and G & R CONTROLS shall not be liable other than for the direct harmless from and against any liability or claim arising there from. losses, claIms, expenses and damages anslng as aforesaid. G & R .... .. CONTROLS shall in no event be responsible under this PMA for incidental, 6.5 . Customer WIU, If applicable, prOVide and pay .for a dedicated VOice consequential, punitive, exemplary or special damages, including without grade dlal~up phone Ii~e and ~nstall a. termmal bl~ck m.a mutually ag~ed limitation lost prafits and/or lost business opportunities, whether arising in upon loc~tlon. All on-line service EqUipment (not IncludIng the p~one line) warranty, late or non-delivery of any Equipment or Services, tort. contract or Will remain the property of G & R CONTROLS unless otherwise stated strict liability. and regardless of whether G & R CONTROLS has been herein. a_ of the possibility of such damages. G & R CONTROLS reserves Article 7: Limitations of Maintenance or Service Obligations th t to control the defense and seUlement.of any claim for which G & R 7 1 G & R CONTROLS will not be responsible for the maintenance, C OLS has an o?lIgatlon t? indemnify hereunder, The partIes repair or replacement of, or Services necessitated by reason of: (a) non- acl<nowledge that the price for which G & RCONTROLS has agreed to maintainable, non-replaceable, or obsolete parts of the Equipment, including perform ItS Services and obligations under this PMA has been calculated but not limited to ductwork, shell and tubes, heat exchangers, coils, unit based upon the foregOing limitations of liability, and that G & H CONTROLS cabinets, casings, refractory material, electrical wiring, water and pneumatic has e~p~es~ly relle~ o.~, and would not have entered Into thiS PMA but for, piping, structural supports, cooling tower fill, slats and basins, etc. unless such lImitations ofhablllty. othel"lNise specifically stated herein; or (b) negligence, abuse, misuse, Article 5: Environmental improper or inadequate repairs or modifications, improper operation, lack of 5.1 Except as disclosed pursuant to Section 5.3, Customer represents operat?r mainten~nce or skill, !ailure to comply with manufacturer's that there is no asbestos or any other hazardous or toxic materials, as operatln~ and environmental requirements, Acts of God, or o~h.~r reasons defined in the Comprehensive Environmental Response, Compensation and bey~nd Its control. G & R CqNTROLS assumes no responslbll1ty for any Liability Act of 1980. as amended, the regulations promulgated there under, service performed on any EqUipment other than by G & R CONTROLS or and other applicable federal, state or local law ("Hazardous Materials"), ItS agents. .. . present at Customers locations where Services are performed. 7.2 G & R CONTROLS shall not be responSible for loss, delay. injury G & R CONTROLS will notify Customer immediately if it discovers or or damage that may be caused by circumstances beyond ItS control, suspects the presence of any Hazardous Material. All Services have been including but not restncted to acts or omlssl~~S by Cus~omer or ItS priced and agreed t.o by G & R CONTROLS in reliance on Customer's employees or agents, Acts. of God, war, CIVil commotion. acts of representations as set forth in this Section 5.1 The presence of Hazardous governm~nt, fire, theft, co,:"oslon, flood,. water damage, .lrghtnrng, tre:eze- Materials constitutes a change in the Proposed Solution equivalent to a ups, stnkes, lockouts, differences With workmen, nots, explosrons, change order whose terms must be agreed to by G & R CONTROLS before quarantine restrictions, delays in transportation. or shortage of vehicles, fuel, its obligations hereunder will continue. labor or matenals. 5.2 Customer shall be solely responsible for testing, abating, 7.3 . G & RCONTROLS is not responsible for repairs, replacements or encapsulating, removing, remedying or neutralizing such Hazardous services to EqUipment due to COrraSI?n, er?SIOn, Imp.roper o~ Inadequate Materials, and for the costs thereof. Even if an appropriate change order water treatment by others, electrolytiC action, chemical action or other has been entered into pursuant to Section 5.1 above, G & R CONTROLS reasons beyond its reasonable control. will continue to have the right to stop providing Services until the job site is 74 G & R CONTROLS shall not be responsible for the removal or free. from Haza~dous Materi~ls. In s~ch event, G & R. CONT~OLS will reinstallation of replacement valves, dampers, water flow and tamper receive an eqUItable extension of time to complete ,ts ServIces, and switches required from pipes and duct work including any venting or compensation for delays caused by Hazardous Materials remediation. draining systems. 5.3 Customer warrants that, prior to the execution of the PMA, it has notified G & R CONTROLS in writing of any and all Hazardous Materials present, potentially present or likely to become present at Customer's lOllS and has provided a copy of any jobsite safety policies, including b limited to lock-out and tag procedures, laboratory procedures, ch eel hygiene plan, material safety data sheets, and other items covered or required to be disclosed or maintained by federal, state, or local laws, regulations or ordinances.