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SIEMENS BUILDING TECHNOLOGIES (2) - 2009
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SIEMENS BUILDING TECHNOLOGIES (2) - 2009
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Last modified
1/3/2012 2:07:54 PM
Creation date
11/20/2009 10:27:41 AM
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Contracts
Company Name
SIEMENS BUILDING TECHNOLOGIES
Contract #
A-2009-144
Agency
PUBLIC WORKS
Council Approval Date
9/8/2009
Destruction Year
0
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conservation related services, City shall pay Contractor compensation equal to the current <br />annual salary of said employee for one year after separation from employment from <br />Contractor. <br />Section 27. SAFETY AND HAZARDOUS MATERIALS <br />It is Contractor's intent to perform all work in a clean, safe professional manner, causing <br />no hazards to City's staff, facility, the environment or City's service personnel. <br />Contractor shall not be required to make safety tests, install new devices or make <br />modifications to any equipment beyond the scope of the original Agreement in order to <br />comply with recommendations or directives of insurance companies, governmental <br />bodies, or for other reasons. However, this provision shall not relieve Contractor from its <br />responsibly to install all equipment in compliance with any and all applicable, City, <br />County, State and Federal laws, regulations, and guidelines, including but not limited to <br />building code requirements, in effect at the time of the installation of said equipment. <br />This Agreement pre-supposes hazardous materials are not present at the jobsite, including <br />but not limited to asbestos. If in providing service, Contractor discovers or suspects the <br />presence of hazardous material, Contractor will notify City. City will be responsible for <br />the cost and performance of testing, abating, encapsulating, cleaning up, removing, or <br />rendering such materials non-hazardous. Contractor shall have the right to stop work <br />until the jobsite is free from hazardous materials. City agrees to notify Contractor in <br />writing of any hazardous materials on the jobsite and any jobsite safety policies including <br />but not limited to lock-out and tag procedures, laboratory procedures, biological hazards <br />and other items covered by right to know regulations or which may pose a hazard to <br />employee's and equipment. <br />Section 28. WAIVER OF CONSEQUENTIAL DAMAGES <br />In no event shall Contractor be liable for business interruption losses or <br />consequential or speculative damages, but this sentence shall not relieve Contractor of <br />liability for damage to property or injury to persons resulting from accidents caused <br />directly by its negligence in performance or failure to perform its obligations under this <br />Agreement. <br />Section 29. MISCELLANEOUS PROVISIONS <br />A. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of this <br />Agreement. <br />B. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. For clarification, the Exhibits that are attached <br />hereto are: <br />1. Exhibit A-Scope of Work; <br />2. Exhibit B-Payment Schedules <br />3. Exhibit C-Lighting Savings
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