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Johnson �)lF Clty of Santa Ana J. � 20 Clvlc Center Plaza, M -i i, Santa Ana, CA 92701 Controls Santa Ana Regional Transportation — Chiller Maintenance PSA 8. TERMS AND CONDITIONS DEF/NlT/ONS (s) COVERED EgU /PMENT means the equ /pmenf for which sarvlces are to be provided under this Agreement Covered Equlpmenf Is del /ned by the appllceb/e Assurance SeMces pages end Equ /pmenf Usls attached to this Agreement. (b) EQUIPMENT FAILURE means the sudden end ace/denta! lellure of moving parts or electrk; or elecfron/c components that ere part of the Covered Equlpmenf and that ere necessary /or Ifs opera! /on. (c) SCHEDULED SERVICE V /SITS Inc /ude labor required to perform inspections end prevenflva malntenence on Covered Equlpmenf. (ap SCHEDUL ED 3ERV/CE MATERIALS Include materiels required to perform Scheduled SeMce V/slta on Covered Equlpmenf. (e) REPAIR LABOR Includes labor necessary to restore Covered Equlpmenf ro working condl! /on follow /rig en Equlpmenf Fe/!ure end excludes tote/ equipment replacement due to obsolescence or unava!/abIlify of parts. (n REPAIR MATERIALS Includes materials necessary to restore Covered Equlpmenf to working cordlflon lot /owing an Equlpmenf Fal/ure end excludes total equlpmenf rep /stamen! due fo obso /ascents or unevelleb//lty of parts. Af JCl's option, Repoli Materiels maybe new, used, or recorxfllloned. AI! Repelr Materials are covered by the warranty es described below SERV /CE COVERAtE OPTIONS (e) BASIC COVERAGE Includes Scheduled Servke V/s/1s, plus Scheduled Servk:a Matena /s /1 elsewhere noted /n this Agreement, for covered Equlpmenf. (b) PREM /UM LEVEL COVERAGE Includes BAS /C COVERAGE ea we!/ es Repair Lobar, plus Repe /r Meterlal l/ elsewhere noted /n this Agreement, /Or covered Equlpmenf. (c)EXTENDED SERV /CE includes extended aerv/ce Ior repalra end /s ovallab /e onty !f Customer hea PREMIUM coverage. The price for Extended Service, // chosen by Cuafomer, /s part o/ the lotel price Customer wl /1 pay. - Should a defect be found during en Extended Service v!s!t lhet JC/ /s not responsJble for under fh /s Agreement, Cuafomer egress to pay ✓C /'s standard lea /or any services rendered. - Should Repair Lobar or Repair Meterlals be peAormed !n periods beyond the Extended Service period, Customer agrees to pay JC!'s standard Ise for any services rendered beyond the Extended Service period. A. INITIAL EQUIPMENT INSPECTION FOR PREM /UM COVERAGE JC/ w//! Inspect the Covered Equipment with /n 45 days of the date of lh/s Agreement or as seasonal or operer/ona! cond!(lons permit JCI wl /l edv /se Customer /l ✓C/ flntls any Covered EgWpment not !n wark/ng order or /n need of repair. With the Customers approve; ✓CI wilt pertorm the work necessary to put the Covered Equlpmenf in proper wank /rig cond /t /on. This work will be done et JC!'s standard lee for parts end labor /n ellecl el that time. 1l the Customer does not want JC/ to do the work ldentll/ed by JCI, or Il Customer does not have the work done, the equipment wit/ be removed from the Ifat of Covered Equ /pmenf end the price of this Agreement w /1/ then be ad/usted. B. WARRANTY JC/ warrants Thal Ifs servlcea w //I be provided !n a good and workman /Ike manner end that parts repaired or replaced by JCJ w!1/ be /ree tram defects In workmanahlp, des /gn, end mater /a! unfJl the end of f/t/s Agreement or /or one yea , whlohever fe ear /ter. JC /'s sole ob!lgaUon she /1 be to rape /r or to replace deteolive pens or to property redo delective services. JCI 01SCLAfMS ALL OTHER WARRANTIES ON THE EQUIPMENT FURN /SHED UNDER THIS ApREEMENT, /NCLUD/NQ ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JC/ w!/! prow /de a 90 day labor warranty on any repelrs made under th /s agreement, materla! warran[lea shall be passed through from the manulaclure. C. SCOPE OF SEAVlCE Customer understands that JCf Is a proNder of aervlces under this Agreement. ✓C! shell not be cone /dared a merohent ar a vendor of goods. If JCI Installs or lurnlshas a piece of equipment under thla Agreement, end that equlpmenf /s covered by e warranty /rom the manufacturer, JC! will transfer the beneflls of that manufacturer's warranty to Customer // fhJs Agreement w/fh Customer terminates before the equ /pmenf menu /acfurers warranty expJrea. D. CUSTOMER OBL /f3ATIONS AND COMMITMENTS TO ✓Cl f) The Customer warrants that, fo the best of Customers know /edge, all Covered Equ /pmenf !s /n good work /rig condlflon and that the Customer has gNen JC/ a!/ lnlormeflon of which Customer /s aware cancern/ng the oond/tlon of the Covered Equipment. 2) The Customer agrees that, during the farm of fNs agreement, the Customer w1! /.- (a) opereta the Covered Equlpmenf according to the manufacturer's recommendations; (b)keep accurate end current work logs end /nlarmallon on the Covered Equlpm�nt as recommended 6y the menulacfurer,• (c)prov/da en adequate anvlronmenf for Covered Equlpmenf es recommended by the manufacturer ar as recommended 6y JCI, lncluding adequate space, electrical power, air condlflon /rig, and humldlly control,• (d)noil /y JC/ immediately of any equipment malluncflon, breakdown, or other condlflon elfecfing the operation of the Covered Equipment,• (s)a1 /ow JCl to sfan and stop, penodlcai /y turn oil, or othenvlse change or temporarily susperxl equ /pmenf operations so that JCl can pertorm the services requ /red under [his Agreement (1)provlde proper condenser and boiler water treatment, as necessary, for the proper lunotloning of Covered Equlpmenf, i/ such services are not JCI s responslblfity under fh /s Agreement. 3)The Customer acknow /edges that Ifs lellure fo meal These o6//gaNOns wilt relieve JC/ of any responslb!/!fy for any equ /pmenf breakdown, or any necessary repelr or replacement, of any equipment. E. CHANQES TO CUSTOMER EQUIPMENT Proposal (10 -116) by: Tlm Lal November i, 2010 Page 11 of 13