SIEMENS BUILDING TECH 1 -2003 - Laserfiche WebLink

Home Browse Search

Section 10. FORCE MAJEURE. Except for any obligation to pay money under this Agreement, if either party shall be delayed in or prevented from the performance of any of the terms, covenants and conditions of this Agreement, by reason of restrictive governmental laws or regulations, riots, insurrections, war, sabotage, act of nature, or any other reason ora similar or dissimilar nature not the fault of the party delayed in or prevented from performance, then performance shall be excused for the period of the delay or prevention of performance and the time for performance shall be extended for an equivalent period not to exceed six (6) months otherwise this Agreement will be null and void and Contractor shall be reimbursed for all costs. Section 11. TITLE. Title to the FIM's implemented at Customer's facilities is deemed to be free and clear of any liens created by Contractor. Should it become necessary, at the request of the Customer, Contractor or its Assignee agrees to execute any appropriate documents submitted by the Customer to the Contractor or its Assignee evidencing such right, title and interest in the FIM's. Section 12. USE, REPAIRS. Customer, at its sole cost and expense, shall maintain the FIM's according to the manufacturers recommended guidelines or the equivalent and meet any and all re-certification requirements and shall furnish proof of such maintenance, if requested by Contractor. Customer shall furnish all needed servicing and parts, which parts shall become part of the FIM's. This section refers to standard manufacturers recommended mechanical equipment maintenance as is normally performed by Customer personnel on existing mechanical equipment, during regular business operations. Contractor shall be responsible for the maintenance of all energy management automation equipment installed pursuant to this Agreement. Section 13. INSURANCE. Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance: Contractor shall maintain commercial general liability insurance adding the Customer, its officer, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply Customer with a Certificate of Insurance adding language substantially the form attached hereto