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deployed in defense against, response to, or recovery from such
<br />Act of Terrorism.
<br />7. Indemnity. Customer agrees to indemnify, hold harmless
<br />and defend Company against any and all losses, damages,
<br />costs, including expert fees and costs, and expenses
<br />including reasonable defense costs, arising from any and all
<br />third party claims for personal injury, death, property
<br />damage or economic loss, arising in any way from any act or
<br />omission of Customer or Company relating in any way to this
<br />Agreement, including but not limited to the Services under
<br />this Agreement, whether such claims are based upon
<br />contract, warranty, tort (including but not limited to active
<br />or passive negligence), strict liability or otherwise. Company
<br />reserves the right to select counsel to represent it in any such
<br />action. Customer’s responsibility with respect to
<br />indemniflcation and defense of Company with respect to
<br />Monitoring Services is set forth in Section 17 of this
<br />Agreement.
<br />8. General Provisions. Customer has selected the service level
<br />desired after considering and balancing various levels of protection
<br />afforded and their related costs. All work to be performed by
<br />Company will be performed during normal working hours of
<br />normal working days (8:00 a.m. - 5:00 p.m., Monday through
<br />Friday, excluding Company holidays), as deflned by Company,
<br />unless additional times are speciflcally described in this
<br />Agreement. All work performed unscheduled unless otherwise
<br />specifled in this Agreement. Appointments scheduled for four-hour
<br />window. Additional charges may apply for special scheduling
<br />requests (e.g. working around equipment shutdowns, after hours
<br />work). Company will perform the services described in the Service
<br />Solution (“Services”) for one or more system(s) or equipment as
<br />described in the Service Solution or the listed attachments
<br />(“Covered System(s)”). UNLESS OTHERWISE SPECIFIED IN THIS
<br />AGREEMENT, ANY INSPECTION (AND, IF SPECIFIED, TESTING)
<br />PROVIDED UNDER THIS AGREEMENT DOES NOT INCLUDE ANY
<br />MAINTENANCE, REPAIRS, ALTERATIONS, REPLACEMENT OF PARTS,
<br />OR ANY FIELD ADJUSTMENTS WHATSOEVER, NOR DOES IT INCLUDE
<br />THE CORRECTION OF ANY DEFICIENCIES IDENTIFIED BY COMPANY
<br />TO CUSTOMER. COMPANY SHALL NOT BE RESPONSIBLE FOR
<br />EQUIPMENT FAILURE OCCURRING WHILE COMPANY IS IN THE
<br />PROCESS OF FOLLOWING ITS INSPECTION TECHNIQUES, WHERE
<br />THE FAILURE ALSO RESULTS FROM THE AGE OR OBSOLESCENCE OF
<br />THE ITEM OR DUE TO NORMAL WEAR AND TEAR. THIS AGREEMENT
<br />DOES NOT COVER SYSTEMS, EQUIPMENT, COMPONENTS OR PARTS
<br />THAT ARE BELOW GRADE, BEHIND WALLS OR OTHER
<br />OBSTRUCTIONS OR EXTERIOR TO THE BUILDING, ELECTRICAL
<br />WIRING, AND PIPING
<br />9. Customer Responsibilities. Customer shall regularly test the
<br />System(s) in accordance with applicable law and manufacturers’
<br />and Company’s recommendations. Customer shall promptly notify
<br />Company of any malfunction in the Covered System(s) which comes
<br />to Customer’s attention. This Agreement assumes any existing
<br />system(s) are in operational and maintainable condition as of the
<br />Agreement date. If, upon inspection, Company determines that
<br />repairs are recommended, repair charges will be submitted for
<br />approval by Customer’s on-site representative prior to work.
<br />Should such repair work be declined, Company shall be relieved
<br />from any and all liability arising therefrom.
<br />Customer further agrees to:
<br />•provide Company clear access to Covered System(s) to be
<br />serviced including, if applicable, lift trucks or other equipment
<br />needed to reach inaccessible equipment;
<br />•supply suitable electrical service, heat, heat tracing adequate
<br />water supply, and required system schematics and/or drawings;
<br />•notify all required persons, including but not limited to
<br />authorities having jurisdiction, employees, and monitoring
<br />services, of scheduled testing and/or repair of systems;
<br />•provide a safe work environment;
<br />•in the event of an emergency or Covered System(s) failure, take
<br />reasonable precautions to protect against personal injury,
<br />death, and/or property damage and continue such measures
<br />until the Covered System(s) are operational; and
<br />•comply with all laws, codes, and regulations pertaining to the
<br />equipment and/or Services provided under this Agreement.
<br />Customer represents and warrants that it has the right to authorize
<br />the Services to be performed as set forth in this Agreement.
<br />Customer is solely responsible for the establishment, operation,
<br />maintenance, access, security and other aspects of its computer
<br />network (“Network”) and shall supply Company secure Network
<br />access for providing its services. Products networked, connected to
<br />the internet, or otherwise connected to computers or other devices
<br />must be appropriately protected by Customer and/or end user
<br />against unauthorized access. Customer is responsible to take
<br />appropriate measures, including performing back-ups, to protect
<br />information, including without limit data, software, or flles
<br />(collectively “Data”) prior to receiving the service or products.
<br />10. Repair Services. Where Customer expressly includes repair,
<br />replacement, and emergency response services in the Service
<br />SERVICE SOLUTION
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