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5. SOUTH BEND OBLIGATIONS AND COMMITMENTS TO JCI. South Bend warrants that, to the best of South Bend's
<br />knowledge, all Covered Equipment is in good working condition and South Bend has given JCl all information of which
<br />South Bend is aware concerning the condition of the Covered Equipment. South Bend agrees that, during the term of
<br />this Services Schedule, South Bend will:
<br />(a) operate the Covered Equipment according to the manufacturer's recommendations;
<br />(b) keep accurate and current work logs and information on the Covered Equipment as recommended by the
<br />manufacturer;
<br />(c) provide an adequate environment for Covered Equipment as recommended by the manufacturer or as
<br />recommended by JCI, including adequate space, electrical power, air conditioning, and humidity control;
<br />(d) notify JCI immediately of any Covered Equipment malfunction, breakdown, or other condition affecting the
<br />operation of the Covered Equipment;
<br />(e) allow JCI to start and stop, periodically turn off, or otherwise change or temporarily suspend equipment operations
<br />so that JCI can pertorm the services required under this Services Schedule; and
<br />(f) provide proper condenser and boiler water treatment, as necessary, for the proper functioning of Covered
<br />Equipment, if such services are not JCI's responsibility under this Services Agreement Schedule.
<br />South Bend acknowledges that its failure to meet these obligations will relieve JCI of any responsibility for any breakdown,
<br />or any necessary repair or replacement, of any Covered Equipment and may require adjustments under Schedule 2,
<br />Assured Performance Guarantee Schedule.
<br />6. CHANGES TO COVERED EQUIPMENT. To the extent permitted under the Performance Contract, South Bend
<br />retains the right to make changes or alterations to the Covered Equipment. lf, in JCI's opinion, such changes or
<br />alterations substantially affect JCI's services or obligations, JCI shall have the right to make appropriate changes to
<br />the scope or to the price of this Services Schedule or to both.
<br />7. ACCESS. South Bend will give JCI full access to all equipment that is either Covered Equipment or associated with it
<br />when JCi requests such access. If access cannot be provided, JCI's obligations under this Services Schedule will be
<br />suspended until such access to the equipment is provided. Matters affecting JCI's access to the equipment may
<br />include, but are not limited to, the removal, replacement, repair, refinishing, restoration, reconstruction, or other
<br />remedial actions taken by South Bend with respect to Covered Equipment or to South Bend's facility. Suspension of
<br />JCI's duties for this reason will not cancel or suspend any of South Bend's obligations under this Services Schedule.
<br />8. EXCLUSIONS. JCI's services under this Services Agreement Schedule do not include:
<br />(a) supplies, accessories, or any items normally consumed during the use of Covered Equipment, such as
<br />ribbons, bulbs, and paper;
<br />(b) calls resulting from lack of operator-level preventive maintenance, site-related problems, or operator error;
<br />(c) service calls due to failures resulting from acts of God, abuse or misuse of Covered Equipment, or alterations,
<br />modifications, or repairs to Covered Equipment not performed or provided by JCI;
<br />(d) the furnishing of materials and supplies for painting or refinishing Covered Equipment;
<br />(e) electrical work to South Bend's facility necessary because of Covered Equipment;
<br />(f) service calls resulting from attachments made to Covered Equipment or other equipment not covered by this
<br />Services Schedule;
<br />(g) the repair or replacement of ductwork, casings, cabinets, structural supports, tower fill/slats/basin, hydronic
<br />and pneumatic piping, and vessels, gaskets, and piping not normally replaced or maintained on a scheduled
<br />basis, and removal of oil from pneumatic piping;
<br />(h) service calls resulting from the effects of erosion, corrosion, acid cleaning, or damage from unexpected or
<br />especially severe freezing weather that is beyond what is prevented by JCI's normal maintenance;
<br />(i) work caused by any operation of, adjustments to, or repair to, Covered Equipment by others not authorized in
<br />advance by JCI;
<br />Page 17 of 20
<br />Performance Contract (Rev 14)
<br />SB LED Contract_15June 2007_FINAL(ver7)
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