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AND REGULATORY CHANGES. THEREFORE. CUSTOMER FURTHER REDUCTIONS THAT MAY BE AVAILABLE TO CUSTOMER. FURTHER.
<br />ACKNOWLEDGES THAT SIEMENS DOES NOT CONTROL FUTURE CUSTOMER HEREBY RELEASES SIEMENS FROM ANY AND ALL
<br />MARKET CONDITIONS OR THE ENERGY MARKET'S REGULATORY LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING FROM
<br />CUSTOMER NOTHING HEREIN
<br />A PREDICTION SHALL OF FUTURE NSENERGY MARKET SIEMENS'
<br />CENTIVE OR ENERGY// FUEL COOST REDUCTION FOR ANY
<br />CONDITIONS OR ENERGY PRICES. ACCORDINGLY, SIEMENS DOES WAY BE OBTAINED BY CUSTOMER.
<br />NOT PROVIDE CUSTOMER A GUARANTYOR WARRANTY OF THE Ardele9: Hazardous Materbls Prov/s/ons
<br />RESULTS OF SIEMENS' RECOMMENDATIONS. CUSTOMER 9.1 The Services does not truce directly orindirecty performing or arranging
<br />MAKESANY AND ALL ENERGY PROCUREMENT AND RELATED for the detection. monitoring, handling, storage, removal, lransporlallon,
<br />DECISIONS. CUSTOMER ACKNOWLEDGES THAT ALL ENERGY disposal or treatment of Oil or Hazardous Materials. Except as disclosed
<br />PROCUREMENT AND RELATED DECISIONS ARE MADE AT THE pursuant to this Article, Customer represents that, to its best knowledge. there is
<br />CUSTOMER'S SOLE RISK. no asbestos or any Other hazardous or toxic matenak, as defined in the
<br />7.5 WITH RESPECT TO ANY LIABILITY (WARRANTY OR OTHERWISE) Comprehensive Environmental Response. Compensation and Liability Act of
<br />THAT SIEMENS MAY HAVE UNDER THE AGREEMENT, IN NO EVENT 1980, as amended. the regulations promulgated thereunder, and other
<br />SHALL SIEMENS BE LIABLE (INCLUDING WITHOUT LIMITATION. UNDER applicable federal. state or local law ("Hazardous Materials'). present at
<br />ANY THEORY IN TORTS) FOR ANY LOSS OF USE. REVENUE. Customer's Sites where the Services are perfumed_ SIEMENS wit notify
<br />ANTICIPATED PROFITS OR SPECIAL, INDIRECT. INCIDENTAL OR Customer immediately it it discovers or suspects the presence of any
<br />CONSEOUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST Hazartlous Material AN Services have been priced and agreed to by SIEMENS
<br />PROFITS AND/OR LOST BUSINESS OPPORTUNITIES) ARISING OUT OF in reliance on Customer's representations as set forth In this Article. The
<br />OR IN CONNECTION WITH THE AGREEMENT OR THE SERVICES presence of Hazardous Matenals constitutes a change in this Agreement
<br />WHETHER ARISING IN WARRANTY, TORT. CONTRACT STRICT whose terms must be agreed upon by SIEMENS before Its obligations
<br />LIABILITY, OR ANY OTHER THEORY OF LIABILITY. WHETHER, FOR hereunder shalt Continue.
<br />WARRANTY. LATE OR NON- DELNERY OF ANY SERVICES. AND 9.2 Customer is suet' responsible for testing. abating. encapsulating,
<br />WHETHER SIEMENS HAS BEEN ADVISED OF THE POSSIBILITY OF removing, remedying or neutralizing such Hazardous Materials, and for the
<br />SUCH DAMAGES: and, in any event, SIEMENS' aggregate liability for any and costs thereof. Customer is responsible for the Proper disposal of all Hazardous
<br />erg claims, losses or expenses (Including attorneys fees) arising out of INS Materials and Oil that at any time are present at the SeMces site in accordance
<br />Agreement, or out of any Services furnished under this Agreement, whether with al applicable federal, state, and local laws, regulations, and ordinances .
<br />based in Contract, negligence. strict liability, agency, waneny, trespass, Even if change order has been entered into pursuant to this Article, SIEMENS
<br />indemmiy or any Other theory of factory, shall be limited. as liquidated damages, shall have the right to stop the Services uhtii the site Is free from Hazardous
<br />to the greater of $1,X10 a 10% of the total compensation received by Materials. In such event, SIEMENS shag receive an equitable extension of time
<br />SIEMENS from Customer under this Agreement. SIEMENS reserves the right to complete the Services and compensation for delays caused by Hazardous
<br />to control the defense and settlement or any claim for which SIEMENS has an Matenals mureciaton. In no event shall SIEMENS be required or construed to
<br />Obligation under the warranty hereunder. The parties acknowledge that the once take title, ownership or responsibility for such Oil or Hazardous Materials.
<br />which SIEMENS has agreed to perform its Services and obagations under this Customer shag sign am/ required waste manifests in conformance with all
<br />Agreement is calculated based upon the foregoing imitations of liability, and government reguatians, listing Customer as the generator of the waste.
<br />that SIEMENS has expressly reled on, and would not have entered into this 9.7 Customer warrants that, prior to the axewtion of this Agreement, It shall
<br />Agreement but for such imitations of liability nobly SIEMENS in writing of any and! all Hazardous Materials which to
<br />7.6 it Is understood and agreed by end between the pates that SIEMENS Is Customers best knowledge are present, potentially present or likely to become
<br />not an insurer and this Agreement is nor intended to be an insurance policy, or a Present at the Services site and shag provide a copy of any site safety policies,
<br />subsllarm for an insurance policy. Insurance, if any, shall be obtained by including but not limited to lock -out and tag procedures, chemical hygiene plan,
<br />Customer. Fees are based salary upon the value of the Services, and are MSDSs or Other items required to be disclosed or maintained by federal. state,
<br />unrelated to the value of Customers property, or the property of others an or local laws, regulations or ordinances.
<br />Customers premises. 9.d Customer shag Indemniy, defend and hold SIEMENS harmless from and
<br />ArUcb e: 111rrlfafacrS ofAtWdananc Serv¢ oat( t against arty damages. bzses. costs. liabilities or expenses (Including attorneys'
<br />8.1 SIEMENS will not be responsibe for to mentanerce, repair or repbcerien d, fees) singing out of any Oil or Hazardous Materials or from Custanefs breach
<br />or Sarvice, necessitated by reason d: (a) nonmainteinable, rwxfepieceate or of, or falh:re to perform its obligations under this Anlcle.
<br />obsolete pads of the Epigrat, including but viol Inroad to dzhwk, slel and a®es. Arnkle 10: Import /Export Indemnity
<br />hea exuargas,u co, un cabinets, casings, ~cry malala, e4c/MSl wrong. water 10.1 Customer acknowledges that SIEMENS is required to comply with
<br />and pnelarWc piping shxh W appals, adng lower H, slats and beans, ac, mess applicable export laws and regulations relating to the sale, exportation, transfer,
<br />dterwke specifically Staled herein: or (b) neginglogrog, abuse, misuse. inprcper or assignment, disposal and usage of vie Cowed Equipment sir Services
<br />Inadequate repairs or rmxdflCatas. irproper operator, box of opdator marterave provided under the Contract, including any export license regwrements,
<br />or slug, regn k comply win rreMadrrers operating ant awimrrnen tal requirements, Customer agrees that such Cowed Equipment a Services shall not at any
<br />Alts ofGod,"offer reasons beyakils catrd. SIEMENS essumesuorespaaibigy time directly or indirectly be used, exported. add harefered, assigned or
<br />for arty service pedortred on art' Co+aed Ec ianent other ten by SIEMENS or IS other use disposed or in a manner which wig result in nki"omplance wain such
<br />agents . applicable export laws and regulations. it shell be a Condition of the continuing
<br />82 SIEMENS shel lwt be respondhb fu loss, decay, gguy ad W the maYbe Performance by SIEMENS of its OtAgatons hereunder that Compliance with
<br />Caused by tlrturdences beyond b Congo, mixing but not, resMaed to acts a such export laws and regulations be maintained at al times. CUSTOMER
<br />ormssiaal by Customer or its empoyees or agents. Ads of God. war,.. Commotion, AGREES TO INDEMNIFY AND HOLD SIEMENS HARMLESS FROM ANY
<br />aria of government, fire, tseR. Corrosion, good water damage, ighmng, freezeups, AND ALL COSTS. LIABILITIES. PENALTIES, SANCTIONS AND FINES
<br />Compte "gases, pydgram a system hackers, strikes, bdwuls, differences with RELATED TO NON - COMPLIANCE WITH APPLICABLE EXPORT LAWS
<br />wormer. nor, apksinm, damning mstrinLas, deays In transportation. or shortage AND REGULATIONS.
<br />ofvandes, Ij bbdr amerati Arlk /ell: Small BusOress Concern
<br />8.] SIEMENS is =m ible fw repahs, replaceme sasadces k Epipnern 11.1 SIEMENS shall adhere to FAR 52. 219 -8 regarding the 'Utilization of Small
<br />due k corrosion,aoaon, Improper oinadixtage wets treaanet by cones. electronic Business Concerns', as pad of its Commercial Small Business Subconirachng
<br />adermi adloh, or reasons beyOntf is reasaneoe C"i Agreement with the federal government SIEMENS' policy Is to offer Small
<br />84 SIEMENS Shel rxM be reymadefalha removal orransblatimd replacement business concerns, including Small disadvantaged businesses, women owned
<br />valves darpes walerrxrw and tamper switches. airflow aatiom, and ary Other small-0usamsses, HURZone small businesses, veteran owned smal businesses
<br />pamenedy rented "agrel pipe Omar duct com ought. AddtionlY SIEMENS shat and service disabled veteran owned small businesses_ the 'maximum practical
<br />rid ba resparlble for airy ventag a daring of systems, oppartuniy'to padicipale In performing contracts let by any commercial ehtiy.
<br />8.5 WHERE SERVICES INCLUDE EFFORTS BY SIEMENS TO HELP local government or federal agency. including subcontracts for Subsystems,
<br />CUSTOMER TO ATTAIN REBATES ANMR INCENTIVES FROM AVAILABLE assemblies, Components and related services for major systems.
<br />SOURCES OR ENERGYIFUEL COST REDUCTION. CUSTOMER
<br />ACKNOWLEDGES THAT ANY REBATEBNCENTIVE OR ENERGY/ FUEL
<br />COST REDUCTION THAT MAY BE AVAILABLE TO CUSTOMER IS
<br />GRANTED BY A THIRD PARTY OUTSIDE THE CONTROL OF SIEMENS.
<br />CUSTOMER FURTHER ACKNOWLEDGES THAT WHILE SIEMENS WILL
<br />EITHER ASSIST CUSTOMER OR ENDEAVOR ITSELF TO OBTAIN ANY
<br />AND ALL REBATES /INCENTIVES OR ENERGY/ FUEL COST REDUCTION
<br />AVAILABLE. SIEMENS DOES NOT GUARANTEE THAT IT WILL OBTAIN
<br />OR APPLY FOR ALL REBATES /INCENTIVES OR ENERGY/ FUEL COST
<br />Siemens Industry, Inc., Building Technologies Division Service Only 2909
<br />Siemens Industry, Inc. 9/6/2013 Page 11
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