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<br />MAINTENANCE
<br />PROPOSAL
<br />11.5. Contractor shall be entitled to all fees and costs, including reasonable attorneys fees, incurred by it in any action to collect amounts due to it from
<br />Customer.
<br />12. ENTIRE AGREEMENT- This Agreement sets forth the entire agreement between the parties on the subject matter contained herein, and supercedes and
<br />renders null and void any and all prior or contemporaneous oral or written understandings, negotiations, or promises relating to these issues. No agreement
<br />modifying this Agreement shall be binding unless made in writing and signed by a duly authorized representative of the parry to be bound.
<br />SCHEDULE I (SERVICES, EQUIPMENT, AND SCHEDULE)
<br />4 SERVICES- Contractor will perform the services described by the specific equipment tasking lists and frequencies included in Appendix A-2.
<br />EQUIPMENT- Contract will perform the Services for the following Equipment:
<br />® SCHEDULE FOR SERVICES Contractor will perform the Services on the following schedule:
<br />OTHER SERVICE TERMS:
<br />1. Contractor will perform the Services during normal working hours, Monday through Friday, from 8 AM to SPM, unless specified otherwise as follows:
<br />2. Services do not include any labor for or during off -hours, overtime work stand by time, or emergency services, unless specified otherwise as follows:
<br />3. Contractor will perform the Services using electrical power from the Site.
<br />EXCLUSIONS:
<br />1. Services do not include the following:
<br />(i) maintenance, repair, or replacement of stationary and/or non -maintainable parts of the Equipment, including, but not limited to, cabinets, enclosures,
<br />casings, insulating materials, electrical wiring structural supports, pressure vessels, tubes, door seals, floor drains, thermometers, gauges, flues,
<br />ductwork grilles, heat transfer tubes and coils, refractories, oil or gas heat exchangers, fan housings, ductwork and like or similar other non-moving
<br />parts;
<br />(ii) maintenance, repair, replacement, or other work that is necessitated by (a) circumstances beyond the normal, customary, and anticipated operating
<br />environment for the Equipment, including but not limited to, vandalism, flooding fire, lightning roof leaks, or power failure or (b) Customers improper
<br />acts or omissions, including but not limited to, installation of incompatible equipment improper operating procedures, and improper or inadequate
<br />water treatment or filter service; and
<br />(iii) any other goods or services not set forth in the Services that any governmental authority, insurance company, or other entity may require that has the
<br />authority to direct Customer to take certain actions concerning the Equipment.
<br />2. Any goods or services for, or concerning the following items:
<br />(i) piping other than refrigerant piping
<br />(ii) maintenance, repair, replacement, or other work due to damage to Equipment caused by freezing weather or corrosion;
<br />(III) valves,
<br />(iv) electrical supply, disconnect switches, circuit breakers, and
<br />(v) monitoring/recording devices affixed to Equipment.
<br />SCHEDULE 11(PRICING, INVOICING, AND PAYMENT)
<br />A PRICING- Customer agrees to pay Contractor for the Services in accordance with the following rates and material charges:
<br />ADDITIONAL WORK PRICING- For any services not included in the Services and/or that are performed at times other than those specified in Schedule I, will
<br />be invoiced to the Customer according to the labor rates and material charges as specified in Appendix A-3.
<br />INVOICING AND PAYMENT- Customer agrees to pay Contractor in accordance with the following requirements:
<br />o Customer also shall pay Contractor, in addition to the pricing set forth above, all excise, sales, use, occupation or other similar taxes imposed on
<br />Contractor by any governmental authority or in any way connected with Contractors performance of its obligations under this Agreement;
<br />Contractor will invoice Customer as follows:
<br />o Customer's payment on invoices is due net 30 days from date of invoice; and late payment to Contractor shall be subject to simple interest at the rate of
<br />one and one -hag percent (1%%) per month, not to exceed the maximum amount allowed by applicable law, calculated from the date payment was due until
<br />the date payment is received by Contractor.
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