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will be subject to additional fees based on the date such excess use <br />began. <br />20. Taxes, Fees, Fines, Licenses, and Permits. Customer agrees <br />to pay all sales tax, use tax, property tax, utility tax and other taxes <br />required in connection with the equipment and Services listed, <br />including telephone company line charges, if any. Customer shall <br />comply with all laws and regulations relating to the equipment and <br />its use and shall promptly pay when due all sales, use, property, <br />excise and other taxes and all permit, license and registration fees <br />now or hereafter imposed by any government body or agency <br />upon the equipment or its use. Company may, without notice, <br />obtain any required permit, license or registration for Customer at <br />Customer’s expense and charge a fee for this service. If Customer <br />fails to maintain any required licenses or permits, Company shall <br />not be responsible for performing the services and may terminate <br />the services without notice to Customer. <br />21. Outside Charges. Customer understands and accepts that <br />Company speciflcally disclaims any responsibility for charges <br />associated with the notiflcation or dispatching of anyone, including <br />but not limited to flre department, police department, paramedics, <br />doctors, or any other emergency personnel, and if there are any <br />charges incurred as a result of said notiflcation or dispatch, said <br />charges shall be the responsibility of Customer. <br />22. Insurance. Customer shall name Company, its oiffcers, <br />employees, agents, subcontractors, suppliers, and representatives <br />as additional insureds on Customer’s general liability and auto <br />liability policies. <br />23. Waiver of Subrogation. Customer does hereby for itself and <br />all other parties claiming under it release and discharge Company <br />from and against all hazards covered by Customer’s insurance, it <br />being expressly agreed and understood that no insurance company <br />or insurer will have any right of subrogation against Company. <br />24. Force Majeure. Company shall not be liable, nor in breach or <br />default of its obligations under this Agreement, for delays, <br />interruption, failure to render services, or any other failure by <br />Company to perform an obligation under this Agreement, where <br />such delay, interruption or failure is caused, in whole or in part, <br />directly or indirectly, by a Force Majeure Event. A “Force Majeure <br />Event” is a condition or event that is beyond the reasonable control <br />of Company, whether foreseeable or unforeseeable, including, <br />without limitation, acts of God, severe weather (including but not <br />limited to hurricanes, tornados, severe snowstorms or severe <br />rainstorms), wildflres, fioods, earthquakes, seismic disturbances, <br />or other natural disasters, acts or omissions of any governmental <br />authority (including change of any applicable law or regulation), <br />epidemics, pandemics, disease, viruses, quarantines, or other <br />public health risks and/or responses thereto, condemnation, <br />strikes, lock-outs, labor disputes, an increase of 5% or more in <br />tariffs or other excise taxes for materials to be used on the project, <br />flres, explosions or other casualties, thefts, vandalism, civil <br />disturbances, insurrection, mob violence, riots, war or other armed <br />confiict (or the serious threat of same), acts of terrorism, electrical <br />power outages, interruptions or degradations in <br />telecommunications, computer, network, or electronic <br />communications systems, data breach, cyber-attacks, ransomware, <br />unavailability or shortage of parts, materials, supplies, or <br />transportation, or any other cause or casualty beyond the <br />reasonable control of Company. If Company’s performance of the <br />work is delayed, impacted, or prevented by a Force Majeure Event <br />or its continued effects, Company shall be excused from <br />performance under the Agreement. Without limiting the generality <br />of the foregoing, if Company is delayed in achieving one or more of <br />the scheduled milestones set forth in the Agreement due to a Force <br />Majeure Event, Company will be entitled to extend the relevant <br />completion date by the amount of time that Company was delayed <br />as a result of the Force Majeure Event, plus such additional time as <br />may be reasonably necessary to overcome the effect of the delay. <br />To the extent that the Force Majeure Event directly or indirectly <br />increases Company’s cost to perform the services, Customer is <br />obligated to reimburse Company for such increased costs, <br />including, without limitation, costs incurred by Company for <br />additional labor, inventory storage, expedited shipping fees, trailer <br />and equipment rental fees, subcontractor fees, compliance with <br />vaccination requirements or other costs and expenses incurred by <br />Company in connection with the Force Majeure Event. <br />25. Exclusions. This Agreement expressly excludes, without <br />limitation, provision of flre watches; reloading of, upgrading, and <br />maintaining computer software; making repairs or replacements <br />necessitated by reason of negligence or misuse of components or <br />equipment or changes to Customer’s premises; vandalism; power <br />failure; current fiuctuation; failure due to non-Company <br />installation; lightning, electrical storm, or other severe weather; <br />water; accident; flre; acts of God; testing inspection and repair of <br />duct detectors, beam detectors, and UV/IR equipment; provision of <br />flre watches; clearing of ice blockage; draining of improperly <br />pitched piping; batteries; recharging of chemical suppression <br />systems; reloading of, upgrading, and maintaining computer <br />software; corrosion (including but not limited to micro-bacterially <br />SERVICE SOLUTION <br /> <br />  <br />  <br />  <br />Page 15 of 17  <br />  <br />© 2024 Johnson Controls. 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