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<br />or portion of the Work in question, provided that no repairs, substitutions, modifications, or additions have been made,
<br />except by VEREGY or with VEREGY's written permission, and provided that after delivery such equipment or materials
<br />have not been subjected by non-VEREGY personnel to accident, abuse, neglect, misuse, modifications, improper or
<br />insufficient maintenance, improper operation or use in violation of any instructions supplied by VEREGY, in which case
<br />this warranty shall be null and void. VEREGY's sole liability hereunder shall be to repair promptly or replace defective
<br />equipment or materials, at VEREGY's option and at VEREGY's expense. The limited warranty contained in this Section
<br />2.4.1 shall constitute the exclusive remedy of CUSTOMER and the exclusive liability of VEREGY for any breach of any
<br />warranty related to the equipment and materials furnished by VEREGY pursuant to this Agreement.
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<br />2.4.2 All Subcontractor’s and manufacturer’s warranties shall be deemed furnished and assigned to CUSTOMER
<br />pursuant to the Contract Documents without further action by VEREGY upon Final Payment by CUSTOMER as required
<br />under the Contract Documents.
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<br />2.4.3 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND VEREGY HEREBY DISCLAIMS ANY
<br />AND ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY,
<br />INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
<br />PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY WARRANTED HEREIN. VEREGY shall not be liable for any
<br />special, indirect, incidental or consequential damages arising from, or relating to, this limited warranty or its breach.
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<br />2.4.4 VEREGY’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by
<br />VEREGY, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage.
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<br />2.5 Hazardous Materials
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<br />2.5.1 Except as expressly provided in Schedule A, VEREGY and its subcontractors shall not be required to handle,
<br />remove, come into contact with, dispose of, or otherwise work with hazardous materials existing on the project site at the
<br />date of this Agreement or resulting, either directly or indirectly, from any acts or omissions of CUSTOMER, its employees,
<br />agents or assigns, or any of its other contractors or subcontractors. “Hazardous materials” as used herein includes all
<br />hazardous or toxic substances or materials as may be so designated by federal, state or local governmental entities.
<br />“Hazardous materials” shall also include lead paint, fungus and mold. If, during the performance of the Work, the presence
<br />of hazardous materials is discovered or reasonably suspected, VEREGY shall notify CUSTOMER of such discovery or
<br />suspicion and shall be permitted to immediately cease all work which requires contact with or exposure to such hazardous
<br />materials, until the CUSTOMER has made arrangements for the removal of the same. VEREGY shall be entitled to an
<br />extension of the Contract Time for ceasing work pursuant to this Section. In the event that the parties agree that VEREGY
<br />shall remove or remediate any Hazardous Materials discovered during the course of the Work, VEREGY shall be entitled
<br />to a Change Order increasing the Contract Price and Contract Time for said removal and/or remediation.
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<br />2.5.2 To the extent authorized by law, CUSTOMER shall indemnify, defend, and hold VEREGY and its respective
<br />officers, directors, employees, agents and subcontractors (collectively the “Indemnified Parties”), harmless from, against,
<br />and in respect of any and all rights, claims, demands, liabilities, obligations, orders, assessments, interest, penalties, fines,
<br />settlement payments, costs, expenses and damages, including, without limitation, reasonable legal fees and out-of-pocket
<br />expenses (“Damages”) imposed upon or incurred by any Indemnified Party and that arise from claims asserted by third
<br />parties or by CUSTOMER concerning any Hazardous Materials; provided that the Damages are not the direct result of any
<br />act or omission of VEREGY or its agents.
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<br />2.5.3 Unless prior to the execution of this Agreement, VEREGY received written notification from CUSTOMER of the
<br />existence of Hazardous Materials on the site, and said notice included a description of the Hazardous Materials, and the
<br />quantity and location of the Hazardous Materials, CUSTOMER is hereby representing to VEREGY that CUSTOMER is
<br />not aware of any Hazardous Materials present at the site.
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<br />ARTICLE 3
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<br />CUSTOMER'S RESPONSIBILITIES
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<br />3.1 CUSTOMER shall provide VEREGY full information necessary and relevant to the evaluation, performance and
<br />requirements for the Work. VEREGY shall be entitled to rely on the accuracy of the information furnished by CUSTOMER.
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