Authorizing and Approving the Execution Traffice Signals - LED

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(b) COVERED EQUIPMENT means the equipment for which services are to be provided under this Services Schedule and installed under Schedule 1 and any other Covered Equipment Lists attached to this Services Schedule. (c) EQUIPMENT FAILURE means the sudden and accidental failure of moving parts or electric or electronic components that are part of the Covered Equipment and that are necessary for its operation. (d) EXTENDED SERVICE includes extended service for repairs and is available only if Customer has PREMIUM or PRIME coverage. The price for Extended Service, if chosen by South Bend, is part of the total price South Bend will pay. Should a defect be found during an Extended Service visit that JCI is not responsible for under this Services Schedule; South Bend agrees to pay JCI's standard fee for any services rendered. Should Repair Labor or Repair Materials be performed in periods beyond the Extended Service period, South Bend agrees to pay JCI's standard fee for any services rendered beyond the Extended Service period. PRIME LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Materials if otherwise set forth in this Services Schedule, for Covered Equipment consisting of centrifugal, absorption, or screw. chillers. PRIME LEVEL COVERAGE also includes Repair Labor, and Repair Materials if otherwise set forth in this Services Schedule, for diagnosed imminent equipment failure as well as actual equipment Failure, and the following: (i) JCI will analyze diagnostic tests including Pre?Vue Vibration Analysis and spectrochemical oil analysis megohm readings. All diagnostic tests must be performed at JCl-prescribed frequencies and to JCI- specified test standards. Coverage will include Repair Labor and Repair Material for heat exchanger tubes if an Eddy Current Analysis, acceptable to JCI, has been performed in the three years prior to this Services Agreement Schedule and is provided to JCI, or such a test will be performed as part of this Services Agreement Schedule. (ii) Should JCI's analysis suggest the existence or the possibility of equipment deterioration outside anticipated or acceptable conditions, JCI may at its option take corrective steps necessary to prevent further deterioration or breakdown of the Covered Equipment. JCI retains sole judgment over whether equipment conditions are considered acceptable, whether corrective steps should be taken, or what steps, if any, need to be taken. Performance of any corrective steps under this PRIME coverage is not a guarantee that equipment failure or downtime will not occur. (e) PREMIUM LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Material if otherwise noted in this Services Schedule, for Covered Equipment. (f) REPAIR LABOR includes labor necessary to restore Covered Equipment to working condition following an equipment failure and excludes total equipment replacement due to obsolescence or unavailability of parts. (g) REPAIR MATERIALS include materials necessary to restore Covered Equipment to working condition following an equipment failure and excludes total equipment replacement due to obsolescence or unavailability of parts. At JCI's option, Repair Materials may be new, used, or reconditioned. All Repair Materials are covered by the warranty as described below. (h) SCHEDULED SERVICE MATERIALS include materials required to perform Scheduled Service Visits on Covered Equipment. (i) SCHEDULED SERVICE VISITS include labor required to perform inspections and preventive maintenance on Covered Equipment. 4. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES. JCI will inspect the Covered Equipment within 45 days of the date of this Services Schedule or as seasonal or operational conditions permit. JCI will advise South Bend if JCI finds any Covered Equipment not in working order or in need of repair. With South Bend's approval, JCI will perform the work necessary to put the Covered Equipment in proper working condition. To the extent that Covered Equipment is not subject to warranty or other obligation of JCI for its repair, this work will be done at JCI's standard fee for parts and labor in effect at that time. If South Bend does not want JCI to do the work identified by JCI, or if South Bend does not have the work done, the Covered Equipment will be removed from the list of Covered Equipment and the price of this Services Schedule will then be adjusted. Page 16 of 20 Performance Contract (Rev 14) SB LED Contract_15June 2007_FINAL(ver7)