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Ross Annex M11
<br />Scheduled Service Agreement
<br />us F
<br />.Suilding Services
<br />Covered Equipment necessitated by Customer's failure to follow such manufacturer recommendations; (c) Reimburse Company for services, repairs, and/or
<br />replacements performed by Company as set forth In this Agreement, beyond the Services, Additional Work or otherwise excluded hereunder. Such
<br />reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for lahor/labour and prices for materials and may at Company's
<br />option be subject to a separate written agreement prior to its undertaking such work; and (d) Where applicable, unless water treatment is expressly included in
<br />the Services, provide professional cooling lower water treatment In accordance with any reasonable recommendations provided by Company
<br />D. Exclusions. Unless expressly Included In the Covered Equipment or this Agreement, the Services and any and Additional Work do not include, and Company
<br />shall not be liable for, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or
<br />services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers motor stan'mg equipment that is not factory
<br />mounted and Interconnecting power wiring; recording or portable Instruments, gauges or thermometers; non-moving parts or non -maintainable pans of the
<br />system, Including, but not limited to, storage tanks; pressure vessels, shells, calls, tubes, housings, castings, casings, drain pans, panels, duct work; piping:
<br />hydraulic, hytlronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory materiae fuses, unit cabinets; electrical wiring; ductwork or conduit;
<br />electrical distribution system; hytlronic structural supports and similar Items; the appearance of decorative casing or cabinets; damage sustained by other
<br />equipment or systems; and/or any failure, misadlustment or design deficiencies in other equipment or systems', (c) Damage, repairs or replacement of parts
<br />made necessary as a result of electrical power fallure, low voltage, burned out main or branch fuses, law water pressure, vandalism, misuse or abuse, water
<br />damage, Improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others, damage due to freezing weather,
<br />calamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, contamination,
<br />corrasion, erosion, or caused by scale or sludge on Internal tubes except where water treatment protection services are provided by Company as part of this
<br />Agreement; (e) Furnishing any items of equipment, material, or labor/labour, or performing special tests recommended or required by insurance companies or
<br />federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any
<br />portion thereof; (g) Building access or alterations that might be necessary to repair or replace Customer's existing equipment; (h) The normal function of starting
<br />and stopping equipment or the opening and closing of valves, dampers or regulators normally installed to protect equipment against damage; (I) Valves that are
<br />not factory mounted: balance, stop, control, and other valves external to the device unless specifically included in the Agreement; t)) Any responsibility for design
<br />or redesign of the system or the Covered Equipment, obsolescence, safely tests, or removal or reinstallation of valve bodies and dampers; (k) Any services,
<br />claims, or damages arising out of Customer's failure to comply with Its obligations under this Agreement; (1) Failure of Customer to follow manufacturer
<br />recommendations concerning overhaul and refurbishing of equipment; (m) Any claims, damages, losses, or expenses, arising from or related to conditions that
<br />existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions"), including, without limitation, damages, lasses, or
<br />expenses Involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or
<br />fungi; (n) Replacement of refrigerant is excluded, unless replacement of refrigerant Is expressly stated as Included within the Services, In which case
<br />replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services. Customer shall be responsible for
<br />(o) The cast of any additional replacement refrigerant; (p) Operation of any equipment; and (q) Any claims, damages, lasses, or expenses, arising from or
<br />related to work done by or services provided by individuals or entitles that are not employed by or hired by Company.
<br />10. Warranty. Company warrants that: (a) the material manufactured by Company and furnished hereunder Is free from defects in material and manufacture for
<br />a period of 12 months from the earlier of the date of equipment start-up or replacement, and (b) the labor/labour portion of the Services and Additional Work is
<br />warranted to have been properly performed for a period of 90 days from date of completion (the "Warranty'), Company obligations of equipment start-up, If any
<br />are stated In the Proposal, are coterminous with the Warranty period. Defects must be reported to Company within the Warranty period. Company's obligation
<br />under the Warranty is limited to repairing or replacing the defective part at its option and to correcting any improperly performed laboolabour. No liability
<br />whatsoever shall attach to Company until the Services and Additional Work have been paid for in full. Exclusions from this Warranty Include damage or failure
<br />arising from: wear and tear; corrosion, erasion, deterioration, Customer's failure to follow the Company -provided maintenance plan; refrigerant not supplied by
<br />Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product.
<br />Additional terms and conditions of warranty coverage are applicable for refrigeration equipment. Some components of Company equipment may be warranted
<br />directly from the component supplier, in which event this Company Warranty shall not apply to those components but shall be pursuant to the warranty given by
<br />such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement.
<br />Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the
<br />respective manufacturer. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND
<br />LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY
<br />MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY
<br />COMPONENT THEREOF, OF MOLDIMOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY
<br />SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE
<br />GROWTH OF SUCH MATERIALS.
<br />11. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims,
<br />cations, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal
<br />property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or other authorized agents in
<br />connection with their activities within the scope of this Agreement, Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the
<br />extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault.
<br />The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or
<br />conditions that occurred prior to expiration or termination.
<br />12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, OR
<br />CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR
<br />PROFITS), OR PUNITIVE DAMAGES WHETHER CLAIMED UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL
<br />THEORY OR FACTS. Should Company nevertheless be found liable for any damages they shall be limited to the purchase price of the Services and Additional
<br />Work for one location over a 12 month term. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT)
<br />RESULTING FROM MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OROTHER CONTAMINATES ORAIRBORNE BIOLOGICAL AGENTS,
<br />13. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work
<br />connected with asbestos polychlorinated biphenyl ("PCB'), or other hazardous materials (collectively, "Hazardous Materials"). Customer warrants and represents
<br />that, except as set forth in a writing signed by Company, there are no Hazardous Materials on the Premises that will In anyway affect Company's performance
<br />and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should
<br />Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify
<br />Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations.
<br />Customer shall be exclusively responsible for and, to the fullest extent permitted by law, shall indemnify, defend and hold harmless Company (including Its
<br />©2014 Trane All rights reserved Page 6 of 7 Scheduled Service Agreement
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