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(j) work caused by the negligence of others, including but not limited to equipment operators and water treatment <br />companies; <br />(k) service calls due to failures caused by improper environmental conditions affecting Covered Equipment or <br />electrical power fluctuations, if due to conditions beyond JCI's control, and service calls required because JCI <br />had previously been denied access to the Covered Equipment; and <br />(I) disposal of hazardous wastes. Hazardous wastes remain the property and the responsibility of South Bend <br />even when removed from equipment or replaced by JCI as provided by the terms of this Services Schedule. <br />South Bend shall be responsible for the proper storage and disposal of hazardous wastes. This includes, but <br />is not limited to, used oil, contaminated or uncontaminated refrigerant, and PCBs. <br />9. PRICE. The total price for JCI's Services during the Term of this Service Schedule is $51,446. <br />This amount will be paid to JCI in annual installments as shown below or on the attached chart. <br />These payments will be due and payable when South Bend received JCI's invoice and in advance of the services <br />JCI is to provide. <br />Dated June 25, 2007 <br />SOUTH BEND: <br />Timothy A. Rouse, Council President <br />South Bend Common Council <br />JOHNSON CONTROLS, INC. <br />David M. Peters, Regional Solutions Manager <br />Dr. David Varner, Chairperson <br />Public Works and Property Vacation Committee <br />South Bend Common Council <br />ATTEST: <br />John Voorde, City Clerk <br />Page 18 of 20 <br />Performance Contract (Rev 14) <br />SB LED Contract_15June 2007_FINAL(ver7) <br />