SIEMENS BUILDING TECH 1 -2003 - Laserfiche WebLink

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Section 23. SEVERABILITY. Any provision of this Agreement found to be prohibited, shall be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement and all other provisions shall remain in full force and effect. Section 24. WAIVER. The waiver by a Party of any breach by the other Party of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach hereof. Section 25. EMPLOYEE HIRING RESTRICTION If during the term of this Agreement or 90 days thereafter, Customer hires or in any way engages any of Contractor's employees who are presently performing services energy conservation related services, Customer shall pay Contractor compensation equal to the current annual salary of said employee for one year after separation from employment from Contractor. Section 27. SAFETY AND HAZARDOUS MATERIALS. It is Contractor's intent to perform all work in a clean, safe professional manner, causing no hazards to Contractor's staff, facility, the environment or Contractor's service personnel. Contractor shall not be required to make safety tests, install new devices or make modifications to any equipment beyond the scope of the original Agreement in order to comply with recommendations or directives of insurance companies, governmental bodies, or for other reasons. However, this provision shall not relieve Contractor from its responsibly to install all equipment in compliance with any and all applicable, City, County, State and Federal laws, regulations, and guidelines, including but not limited to building code requirements, in effect at the time of the installation of said equipment. This Agreement pre-supposes hazardous materials are not present at the jobsite, including but not limited to asbestos. If in providing service, Contractor discover or suspect the presence of hazardous material, Contractor will notify Customer. Customer shall be responsible for the cost and performance of testing, abating, encapsulating, cleaning up, removing, or rendering such materials non-hazardous. Contractor have the right to stop work until the jobsite is free from hazardous materials. Customer agree to notify Contractor in writing of any hazardous materials on the jobsite and any j obsite safety policies including but not limited to lock-out and tag procedures, laboratory procedures, biological hazards and other items covered by right to know regulations or which may pose a hazard to Contractor's employee's and equipment. Section 28. WAiVER OF CONSEQUENTIAL DAMAGES. In no event shall Contractor be liable for business interruption losses or consequential or speculative damages, but this sentence shall not relieve Contractor of liability for damage to property or injury to 11